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Thursday round-up

Briefly: At The Daily Caller, Kevin Daley notes that “Chief Justice John Roberts has made common cause with the Supreme Court’s liberal bloc as late, breaking with his conservative colleagues on cases relating to abortion, the death penalty and President Donald Trump’s revised rules for asylum seekers,” and that “[i]n isolation, it’s difficult to know what to make of the chief’s votes.” In an op-ed for Fox News, Kristen Waggoner hopes that the recent settlement between Colorado and Christian ba...
Tags: Supreme Court, Law, Colorado, Indiana, Atlantic, Fox News, Christian, Illinois, Donald Trump, Madison, Round-up, John Roberts, International Finance Corporation, Jam, NLRA, Marbury


Second Amendment Sanctuaries and the Constitutional Rule of Law

Michelle Lujan Grisham at a rally. (AFGE) New Mexico/Colorado – -(AmmoLand.com)- Recently some very pro-Second Amendment localities have begun to take a page from opponents of the enforcement of immigration laws. That page is to declare their counties to be “Second Amendment sanctuary” jurisdictions. It is very ironic that the very anti-Second Amendment politicians, many of whom also support the “sanctuary city” concept, are now quite irritated about this new development. Look, Second Amendme...
Tags: Guns, Law, Colorado, Reagan, Chris Brown, New Mexico, Madison, Second Amendment, Rhianna, Brown, Harold, Marbury, John Marshall, Grisham, Gun Rights News, Harold Hutchison


How does the Supreme Court decide what the Constitution means?

The US Constitution declares itself to be “the supreme law of the land.” Unfortunately, the meaning of the constitutional text is not always clear. Consider the abortion case Roe v. Wade. How did the US Supreme Court conclude that the Constitution gives a woman an essentially unconstrained choice to have an abortion in the first trimester of her pregnancy but that it also allows the state to regulate or prohibit abortion as the pregnancy progresses?Everyone—the president, state legislators, and ...
Tags: Books, Featured, Supreme Court, Law, Congress, US Government, Court, US, United States, South Carolina, Checks And Balances, Constitutional Law, Separation of Powers, US supreme court, Scalia, Marbury


Political Moves In Wisconsin And Michigan Reminiscent Of Marbury Vs. Madison Debate

The moves in Wisconsin and Michigan aren't new. In some ways they reopen the debate that was settled in Marbury vs. Madison. The American Enterprise Institute's Norman Ornstein gives us a lesson.
Tags: News, Wisconsin, Michigan, American Enterprise Institute, Marbury, Norman Ornstein


Fire victims' families urged to give DNA

SACRAMENTO, Calif. (AP) — Authorities are using a powerful tool in their effort to identify the scores of people killed by the wildfire that ripped through Northern California: rapid DNA testing that produces results in just two hours.The system can analyze DNA from bone fragments or other remains, then match it to genetic material provided by relatives of the missing. But the technology depends on people coming forward to give a DNA sample via a cheek swab, and so far, there are not nearly as m...
Tags: News, Fbi, Chico, Warren, Miami, Oroville, Redding, Sears, San Francisco Bay Area, Northern California, Federal Emergency Management Agency, University of California Davis, Mattern, Sacramento Calif, Marbury, Longmont Colorado


Matthew Whitaker's Supreme Court positions are incoherent, may cause constitutional crisis

Matthew Whitaker criticized Marbury v. Madison, which granted the Supreme Court judicial review, but agrees when it comes to New Deal legislation.            [Author: Opinion contributors]
Tags: News, Supreme Court, Madison, Marbury, Matthew Whitaker, Opinion contributors


Morning Docket: 11.09.18

* Matt Whitaker thinks Marbury v. Madison should be overturned. We truly live in the dumbest timeline. [National Law Journal] * Heightened security as Kavanaugh formally joins the Court. That's a good idea, he seems like a dangerous man. [NPR] * Amazon really excited about its new role as a leader in wrongly convicting people. [The Verge] * Baker Donelson is just a big Skinner Box for tech adoption now. More firms should follow suit. [American Lawyer] * Google is ending its practice of forci...
Tags: Google, Amazon, Supreme Court, Law, Department Of Justice, Sexual Harassment, Madison, Justice Department, Biglaw, Reuters, Hill, Kavanaugh, Marbury, National Law Journal, Bryan Cave, Baker Donelson


The Invention of the Archival Constitution

Alison L. LaCroixFor the Symposium on Jonathan Gienapp, The Second Creation: Fixing the American Constitution in the Founding Era (Belknap Press, 2018).            Among the many achievements of Jonathan Gienapp’s Second Creation is the book’s elegant and decisive dismantling of many tidy just-so stories that constitutional law scholars tend to tell themselves about the period between 1787 and 1796. Statecrafters are not settling down to the business of implementing the Constitution, passing...
Tags: Maryland, Supreme Court, Congress, France, Senate, Virginia, America, United States, House, House Of Representatives, University Of Chicago, Madison, Branding, Great Britain, Guest Blogger, Marshall


Deconstructing the Administrative State: Is Chevron Unconstitutional?

Craig Green                Constitutional dynamics that Gillian Metzger has called “anti-administrativism”—or “deconstructing the administrative state” if one prefer Steve Bannon’s terminology—have undercut one of the most established precedents in American law.   For too long, most lawyers haven’t really noticed.   In 2013, Justice Scalia warned that his colleagues wished to kill “Chevron itself,” and in 2015, Justice Thomas wrote the first judicial opinion ever to declare Chevron unconstit...
Tags: England, Supreme Court, Obama, Court, Reagan, Epa, Ruth Bader Ginsburg, Chevron, Kennedy, Branding, Guest Blogger, Thomas, Scalia, D C Circuit, Kavanaugh, Marbury


SCOTUS for law students: Remembering recent confirmation hearings

Supreme Court confirmation hearings in the Senate Judiciary Committee are not usually a place one looks for legacies. Yet a number of hearings have left their mark on the Supreme Court nomination process. Add the confirmation of Justice Brett Kavanaugh to that list. This column will consider examples from the confirmation of the late Justice Antonin Scalia, the unsuccessful nomination of the late Judge Robert Bork, and the hearings for Justices Clarence Thomas and Ruth Bader Ginsburg and Chief J...
Tags: Featured, Supreme Court, Law, Congress, Senate, White House, Reagan, Ronald Reagan, Bill Clinton, Fox News, Ruth Bader Ginsburg, George W Bush, Wall Street Journal, Madison, Thomas, Anita Hill


Academic highlight: Collins and Ringhand on nominees’ responsiveness at Supreme Court confirmation hearings

On the eve of another Supreme Court confirmation hearing, Professors Paul Collins and Lori Ringhand have published an interesting study comparing nominees’ responsiveness to questions by the Senate Judiciary Committee. Their study focuses on the so-called “Ginsburg Rule” — that is, the principle that nominees should not give their positions on specific cases and issues that may come before them if they are confirmed. At his confirmation hearing, then-Judge Neil Gorsuch cited that rule numerous t...
Tags: Featured, Supreme Court, Law, Madison, Collins, Senate Judiciary Committee, Brown, John Roberts, Board of Education, Ginsburg, William Rehnquist, Marbury, Judiciary Committee, Paul Collins, Gorsuch, Felix Frankfurter


Symposium: Trump v. Hawaii — Korematsu’s ghost and national-security masquerades

Harold Hongju Koh, formerly legal adviser to the U.S. State Department, is Sterling Professor of International Law and Co-Director of the Rule of Law Clinic at Yale Law School, which submitted an amicus brief on behalf of 52 former national security officials in support of respondents in Trump v. Hawaii. The opinions expressed here do not necessarily reflect the views of his clients. Some Supreme Court statements can only be understood as dissembling or self-deception. The most recent, startling...
Tags: Supreme Court, Law, Congress, California, Mexico, Senate, Canada, United States, Hawaii, House, Muslim, Donald Trump, Department Of Homeland Security, Fdr, Madison, Kennedy


A “view” from the courtroom: “Some good and hard thinking on all sides”

It’s a rainy day in Washington, and some people entering the courtroom have wet shoulders. This opinion day was added only yesterday, and the public gallery is not completely full. The bar section is even emptier than it was yesterday, with a few regulars in attendance again because they are awaiting one decision or another. Solicitor General Noel Francisco leads the contingent from his office, joined by his deputies Edwin Kneedler and Malcolm Stewart, as well as a handful of others. In the VIP ...
Tags: Featured, Minnesota, Guantanamo Bay, Supreme Court, Law, Congress, Washington, Virginia, United States, Radio Shack, Air Force, University Of Virginia, Ruth Bader Ginsburg, Madison, Kennedy, Thomas


Symposium: No closer to consensus

Derek T. Muller is an associate professor of law at Pepperdine University School of Law. Gill v. Whitford began as a blockbuster election-law case and ended (this time) as a federal-courts decision with a hint of trial strategy and evidence. It also left open the possibility of a transformational view of the First Amendment for future partisan-gerrymandering cases. In 2016, a three-judge federal court found that Wisconsin’s state legislative map drawn in 2011 was an unconstitutional partisan ger...
Tags: Featured, Maryland, Supreme Court, Law, California, Alabama, Wisconsin, Ohio, Madison, Baker, Kennedy, Jones, Anderson, Carr, John Roberts, Sims


Empirical SCOTUS: One opinion more complex than the next

The Supreme Court finally appears decently situated to complete its decision-making for the term. Some holdups are still in play, including the long-since-argued case of Gill v. Whitford. Gill was argued 255 days before the next possible opinion release date of June 14, 2018. Only 10 cases have taken longer to decide since 1946. With 39 signed decisions so far this term composed of over 90 different opinions, the justices have cobbled together opinions of varying complexity. That the justices fe...
Tags: Featured, Maryland, Supreme Court, Law, Virginia, United States, Ncaa, District Of Columbia, Ruth Bader Ginsburg, Madison, Hall, Collins, Thomas, Murphy, University of Washington, Jennings


Tuesday round-up

This morning the justices will hear oral argument in National Institute of Family and Life Advocates v. Becerra, a First Amendment challenge by crisis-pregnancy centers to a California law that requires licensed centers to post notices to inform patients about the availability of state-funded family-planning services, including contraception and abortion, and requires unlicensed centers to disclose that they do not provide medical services. Amy Howe had this blog’s preview. Madeline Horn and Con...
Tags: Usa, Maryland, Supreme Court, Microsoft, Law, California, Washington Post, Washington, Israel, Nbc News, America, Cnn, Atlantic, Pennsylvania, Liberty, New York Times


Argument analysis: Gorsuch stays mum on union fees

The Supreme Court heard oral argument today in Janus v. American Federation of State, Municipal, and County Employees, a challenge by an Illinois child-support specialist to the fees that he is required to pay to the union that represents him, even though he does not belong to any union. Although this is the first trip to the Supreme Court for Mark Janus, the employee, it was the third time in four years that the justices have taken the bench to consider the issue presented by Janus’ case. After...
Tags: Messenger, Featured, Supreme Court, Law, Congress, California, Reagan, United States, District Of Columbia, Illinois, Ruth Bader Ginsburg, Madison, Kennedy, Puerto Rico, Friedrichs, John Roberts


Tuesday round-up

Today the justices return after a three-week break to hear oral arguments in two criminal cases. First up is Currier v. Virginia, which asks what happens to a defendant’s double jeopardy protections when he consents to sequential trials for multiple, overlapping offenses. Lissa Griffin previewed the case for this blog. Amanda Wong and Jared Ham offer a preview at Cornell Law School’s Legal Information Institute. Counting to 5 (podcast) provides another preview of Currier and, in a second episode...
Tags: Florida, Minnesota, Supreme Court, Law, Virginia, Court, United States, New York Times, Arizona, Madison, New York Magazine, Hall, Cornell, Kennedy, Trump, Round-up


'Tired' Marbury set to end 'Hall of Fame' career

Stephon Marbury is "at peace" with ending what he believes is a Hall of Fame career on Feb. 11 after eight seasons in China and 13 in the NBA.
Tags: China, Sport, Nba, Marbury, Stephon Marbury


Argument preview: Justices to consider role of military judges and the dual-officeholding ban

In 2006, Congress – relying on its power under Article I of the Constitution to regulate the armed forces – created the United States Court of Military Commission Review. That court, known as the CMCR, hears appeals from military commissions, such as the one created at Guantanamo to try enemy combatants. Federal law outlines two ways in which judges can be placed on the CMCR: Military officers who already serve as appellate judges on military courts can be assigned to the CMCR by the Secretary ...
Tags: Featured, Guantanamo, Supreme Court, Law, Obama, Congress, Senate, Defense, Court, Barack Obama, United States, Madison, Mitchell, Cox, Howe, U S Air Force


"Exciting Developments in Supreme Court Appellate Jurisdiction: Some would call it the second coming of Marbury v. Madison."

"Exciting Developments in Supreme Court Appellate Jurisdiction: Some would call it the second coming of Marbury v. Madison." Will Baude has this post at "The Volokh Conspiracy."
Tags: Law, Madison, Marbury, Madison Will Baude


Ask the authors: When “Machiavellian” is a compliment

The following is a series of questions on the occasion of the publication of Ronald Collins and David Skover’s “The Judge: 26 Machiavellian Lessons” (Oxford University Press, 2017). Drawing from over 200 years of Supreme Court history, Collins and Skover offer 26 lessons – e.g., how to be like Chief Justice John Marshall, how not to be like Chief Justice Roger Taney – for jurists seeking to maximize their institutional and personal powers. The rest of us may only dream of a seat on the bench, b...
Tags: Featured, Supreme Court, Law, Congress, Stephen Colbert, Book Reviews, David, Harvard, United States, Connecticut, Arizona, Evans, Republic, John Adams, District Of Columbia, Miranda


Foreign-Born Framers

On this Constitution Day, it is worth recalling that seven of the thirty-nine delegates to the Philadelphia convention whose names are affixed to the Constitution were foreign-born, i.e., born outside of the territories that became the United States.  These original dreamers who “got the job done” were: Alexander Hamilton (NY) – born in the West Indies Thomas Fitzsimmons (PA) – born in Ireland Robert Morris (PA) – born in England James Wilson (PA) – born in Scotland ...
Tags: England, Maryland, Congress, Washington, Scotland, Senate, Virginia, Court, America, Georgia, Pennsylvania, United States, Ireland, New Jersey, Philadelphia, Jackson


Marbury wants to cap career with NBA return

Marbury wants to cap career with NBA return
Tags: Sport, Nba, Marbury


Marbury to play one more, final year in China

Marbury to play one more, final year in China
Tags: China, Sport, Nba, Marbury


Marbury in talks to play another year in China

Marbury in talks to play another year in China
Tags: China, Sport, Nba, Marbury


Marbury in talks with other clubs after Beijing Ducks era

BEIJING (AP) — Stephon Marbury’s agent says they are in talks with several clubs in China after the former NBA All Star parted ways with the Beijing Ducks at the weekend. Wang Meng told The Associated Press Tuesday that Marbury “will definitely play one more year.” Marbury helped the Ducks secure three China Basketball Association […]
Tags: News, China, Sports, Ap, Beijing, Ducks, The Associated Press, NBA All Star, Marbury, Stephon Marbury, Beijing Ducks, Wang Meng, China Basketball Association


Marbury and CBA team at odds over his future (Yahoo Sports)

The former NBA star is parting ways with the Beijing Ducks after winning three CBA championships and a league MVP award in six seasons.
Tags: News, Nba, CBA, Yahoo Sports, Marbury, Beijing Ducks


Marbury leaves Chinese club over salary, role

Marbury leaves Chinese club over salary, role
Tags: Sport, Nba, Marbury


Is Judicial Review Compatible with Democracy?

Many countries have constitutions that protect individual rights. Strong form judicial review (hereinafter ‘strong JR’) is the practice whereby courts, usually the ‘supreme’ court in a given jurisdiction, have the final power to strike down legislation that they perceive to be in conflict with constitutionally protected rights. The United States and Ireland are two jurisdictions in which strong JR prevails; the UK and New Zealand are two jurisdictions where it does not. In the US, judicial revie...
Tags: UK, Future, US, United States, Ireland, New Zealand, Madison, Marbury