Posts filtered by tags: Stephen G Breyer[x]


 

Justice Stephen G. Breyer said something very obvious about Supreme Court authority.

But he's authoritative, and he's pushing back liberal politicos, and he said it in a speech at Harvard Law School, so it's news, reported here, at "Justice Breyer says expanding the Supreme Court could erode trust" (WaPo). In remarks prepared for a speech at Harvard Law School, Breyer wrote that the court’s authority depends on “a trust that the court is guided by legal principle, not politics.” He added: “Structural alteration motivated by the perception of political influence can only feed tha...
Tags: Supreme Court, Law, Congress, Senate, Court, Harvard, Biden, Separation of Powers, Gore, Trump, Bush, Harvard Law School, WaPo, Breyer, Stephen G Breyer, Ann Althouse


Might we be getting closer to (needed) new nominees for the "frozen" US Sentencing Commission?

I was so excited to see Prez Biden announce his first slate of judicial nominations in part because I have been presuming that we would not get needed nomination to the US Sentencing Commission until at least some judge nominees were first put forward.  (Ever the fan of semantic technicalities, I think we should also call any nomination to the USSC to be "judicial nominees" given that the USSC is the only agency located in the judicial branch.)  Adding to my excitement is this recent Roll Call a...
Tags: Supreme Court, Law, Congress, Senate, White House, US, Joe Biden, Iowa, Biden, Illinois, Donald Trump, Trump, Lee, Grassley, Breyer, Stephen G Breyer


Here's the typical career path to become a Supreme Court justice

Jonathan Ernst/Reuters Most recent Supreme Court Justices have taken similar educational and career paths to the highest court in the US. Many studied law at Harvard or Yale. Some served as clerks to other judges after law school, and many were judges on circuit courts before being nominated to serve on the Supreme Court. Visit Business Insider's homepage for more stories. Ruth Bader Ginsburg, who served as an associate justice of the Supreme Court, died at 87 due to complications from ca...
Tags: Supreme Court, Congress, Washington, Stanford, US, Careers, Barack Obama, Trends, Strategy, Reagan, Features, Harvard, United States, Harvard University, Washington Dc, New Jersey


Looming SCOTUS Fight Puts 2A in Crosshairs; Nov. Election Critical

The Roberts Court, November 30, 2018. Seated, from left to right: Justices Stephen G. Breyer and Clarence Thomas, Chief Justice John G. Roberts, Jr., and Justices Ruth Bader Ginsburg and Samuel A. Alito. Standing, from left to right: Justices Neil M. Gorsuch, Sonia Sotomayor, Elena Kagan, and Brett M. Kavanaugh. Photograph by Fred Schilling, Supreme Court Curator's Office. U.S.A. –-(AmmoLand.com)- Before last Friday, it was urgent for every gun owner in the country to vote in the November ele...
Tags: Nbc, Guns, Supreme Court, Obamacare, Senate, White House, US, Barack Obama, New York Times, Arizona, Fox News, Nancy Pelosi, Times, Donald Trump, Ruth Bader Ginsburg, Trump


Ginsburg's death on Rosh Hashanah especially significant for some Jewish Americans

Just as many Jews in the United States were sitting down to a post-sunset Rosh Hashanah dinner on Friday, preparing to dip apples in honey to signal the sweetness of the year to come, news came of Ruth Bader Ginsburg's death. Ginsburg, the first female Jewish member of the U.S. Supreme Court, died on one of the holiest days in Judaism, as many of the country's nearly six million Jews welcomed the new year 5781, based on the Hebrew calendar. "I heard of Ruth’s death while I was reciting the Mou...
Tags: News, Supreme Court, United States, Ruth Bader Ginsburg, Ruth, U S Supreme Court, Ginsburg, Rosh Hashanah, Stephen G Breyer


Chief Justice Roberts Afraid of Restoring the Second Amendment

No Gun Cases Lawsuits Supreme Court U.S.A. –-(AmmoLand.com)- From the moment Alan Gottlieb, founder and executive vice president of the Second Amendment Foundation, said in a prepared statement following the Supreme Court’s rejection of ten pending gun rights cases, that responsibility for this high court two-step “falls squarely at the feet of Chief Justice John Roberts,” the question that must be answered is this: “Is the chief justice of the U.S. Supreme Court afraid of restoring the Seco...
Tags: Guns, Supreme Court, US, Indiana, Idaho, New Jersey, Circuit, Ruth Bader Ginsburg, SAF, Rogers, Nra, Thomas, Antonin Scalia, U S Supreme Court, John Roberts, McDonald


Tuesday round-up

The Supreme Court announced yesterday that it will hear 10 hours of oral argument via teleconference in previously postponed cases between May 4 and May 13, with specific dates to be announced. At this blog, in a post that was first published at Howe on the Court, Amy Howe reports that “the court will provide live-audio access to the media – and that media access will be pooled – for both reporting and live-streaming purposes,” meaning that “live audio of the arguments will be available to the p...
Tags: Texas, Supreme Court, Law, Obamacare, New York City, Court, Bloomberg, Cnn, Wisconsin, Kansas, Npr, Donald Trump, Department Of Homeland Security, Republican National Committee, Trump, Round-up


Fraternal Order of Police President Chuck Canterbury Picked To Head ATF

National Association for Gun Rights. Late on Friday afternoon the White House released an official statement that Chuck Canterbury, Jr. was nominated to become the next ATF Director. Unfortunately, Canterbury has a long history of publicly supporting and endorsing anti-gun policies, anti-gun Supreme Court nominees, and anti-gun high ranking government officials. In his official capacity as President of the National Fraternal Order of Police, Canterbury has: *** Supported radical anti-gun Supreme...
Tags: Supreme Court, Congress, Police, White House, America, Chicago, Military, United States, Manhattan, Gun Control, District Of Columbia, Donald Trump, Canterbury, Jones, Thompson, Lindsey Graham


Is the latest SCOTUS sparring in capital cases only likely to get worse and worse?

The question in the title of this post is prompted by today's Supreme Court developments in older capital cases, some of which I missed when just blogging here about the morning order list.   Specifically, I missed that Justice Alito penned a lenghty dissent to a stay in a capital case from Texas six week ago(!), which in turn prompted a four-page defense of the stay by Justice Kavanaugh.  (This discussion can be found at this link following the original stay.)   Adam Liptak summarizes all the a...
Tags: Texas, Supreme Court, Law, Christopher Lee, Alabama, New York Times, Christian, Thomas, Buddhist, Adam Liptak, Alito, Breyer, Stephen G Breyer, Elena Kagan, Clarence Thomas, Kavanaugh


"The Eighth Amendment has never been understood to guarantee a condemned inmate a painless death. That’s a luxury not guaranteed to many people..."

"... including most victims of capital crimes. What the Eighth Amendment does guarantee is a method of execution that not 'cruel and unusual,'" said Justice Neil M. Gorsuch, announcing the decision in Bucklew v. Precythe today, reported in "Divided Supreme Court rules against death row inmate with rare condition" (WaPo).Missouri plans to use an injection of a single drug, pentobarbital, to carry out the execution of Bucklew. But he suffers from a congenital and rare disease called cavernous hema...
Tags: Supreme Court, Law, Death Penalty, Abortion, Ray, Hypocrisy, WaPo, Stephen G Breyer, Neil M Gorsuch, Bucklew, Gorsuch, Ann Althouse, Divided Supreme Court, Michael Sanders, Ray He, Precythe


Limiting Agency Power, a Goal of the Right, Gets Supreme Court Test

Justice Stephen G. Breyer said, half-joking, that he feared “the greatest judicial power grab since Marbury v. Madison” as the justices took on an issue they saw as momentous.
Tags: News, Veterans, Francisco, Madison, Elena, Breyer, Stephen G Breyer, Kagan, Marbury, Gorsuch, Regulation and Deregulation of Industry, Stephen G, Supreme Court (US, Suits and Litigation (Civil, Neil M, Noel J


Picking the Next Supreme Court Justice

The Roberts Court, November 30, 2018. Seated, from left to right: Justices Stephen G. Breyer and Clarence Thomas, Chief Justice John G. Roberts, Jr., and Justices Ruth Bader Ginsburg and Samuel A. Alito. Standing, from left to right: Justices Neil M. Gorsuch, Sonia Sotomayor, Elena Kagan, and Brett M. Kavanaugh. Photograph by Fred Schilling, Supreme Court Curator's Office. Washington, D.C. – -(AmmoLand.com)- The Supreme Court has been in the news a lot lately on issues of interest to Second A...
Tags: Utah, Guns, Sixth Circuit, Supreme Court, Senate, Reagan, United States, Drake, Donald Trump, Ruth Bader Ginsburg, UC Berkeley, Dianne Feinstein, Trump, Thomas, Antonin Scalia, Lee


The Court-Packing Threat to the Second Amendment

The Roberts Court, November 30, 2018. Seated, from left to right: Justices Stephen G. Breyer and Clarence Thomas, Chief Justice John G. Roberts, Jr., and Justices Ruth Bader Ginsburg and Samuel A. Alito. Standing, from left to right: Justices Neil M. Gorsuch, Sonia Sotomayor, Elena Kagan, and Brett M. Kavanaugh. Photograph by Fred Schilling, Supreme Court Curator's Office. Washington, D.C. – -(AmmoLand.com)- You might think that with the confirmation of two pro-Second Amendment justices under...
Tags: Florida, Guns, Supreme Court, Congress, Senate, White House, Time, Elizabeth Warren, Reagan, House, Andrew Cuomo, Donald Trump, Ruth Bader Ginsburg, Kamala Harris, Trump, Nra


“America’s Courts Can’t Ignore the World: The laws of other countries have a bearing on America’s own, writes Stephen Breyer — and the highest court in the land needs to take heed.”

“America’s Courts Can’t Ignore the World: The laws of other countries have a bearing on America’s own, writes Stephen Breyer — and the highest court in the land needs to take heed.” Justice Stephen G. Breyer has this article in the October 2018 issue of The Atlantic.
Tags: Law, Uncategorized, America, Stephen Breyer, Stephen G Breyer


Justice Stephen G. Breyer may have been the second-longest-serving junior Justice, but he once again is the head of a decision-making body

Justice Stephen G. Breyer may have been the second-longest-serving junior Justice, but he once again is the head of a decision-making body: When Justice Breyer was nominated to the U.S. Supreme Court, he was serving as the Chief Judge of the U.S. Court of Appeals for the First Circuit. Now, as Eric Baldwin of the “ArchDaily” blog reports, “Supreme Court Justice Stephen Breyer Named Chair of the Pritzker Jury.”
Tags: Supreme Court, Law, Uncategorized, U S Supreme Court, U S Court of Appeals, Stephen Breyer, Breyer, Stephen G Breyer, Eric Baldwin, First Circuit Now


Access today’s Order List of the U.S. Supreme Court

Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in seven new cases. And the Court summarily affirmed in Harris v. Cooper, No. 16-166. The Court issued a per curiam summary reversal of the Tenth Circuit‘s judgment in Sause v. Bauer, No. 17-742. The Court issued a per curiam summary reversal of the Ninth Circuit‘s judgment in Sexton v. Beaudreaux, No. 17-1106. Justice Stephen G. Breyer dissented without opinion. The Court issued a per curiam ruling in No...
Tags: Mississippi, Law, Court, Uncategorized, Indiana, Jordan, North Carolina, Thomas, U S Supreme Court, HARRIS, Cooper, Bauer, Alito, Covington, Ninth Circuit, Stephen G Breyer


Statements from Supreme Court justices

The justices have all released addressing the retirement of Justice Anthony Kennedy. We reproduce the full texts of those remarks below the jump: Chief Justice John G. Roberts, Jr.: Justice Anthony Kennedy served the country he loved for 43 years in the Judicial Branch – 30 as a Member of this Court. His jurisprudence prominently features an abiding commitment to liberty and the personal dignity of every person. Justice Kennedy taught collegiality and civil discourse by example. He brought ...
Tags: Justice, Supreme Court, Law, Virginia, Court, Ruth Bader Ginsburg, Kennedy, Sonia Sotomayor, Mary, Tony, Stephen G Breyer, Elena Kagan, Clarence Thomas, Anthony Kennedy, Tony Kennedy, John G Roberts Jr


Access today’s rulings of the U.S. Supreme Court in argued cases

Access today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued two rulings in argued cases. 1. Justice Clarence Thomas delivered the opinion of the Court in National Institute of Family and Life Advocates v. Becerra, No. 16-1140. Justice Anthony M. Kennedy issued a concurring opinion, in which Chief Justice John G. Roberts and Justices Saumel A. Alito, Jr. and Neil M. Gorsuch joined. And Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Ruth Bader...
Tags: Law, Court, Uncategorized, Kennedy, Trump, Thomas, U S Supreme Court, Ginsburg, Sotomayor, Breyer, Stephen G Breyer, Anthony M Kennedy, Elena Kagan, Kagan, Clarence Thomas, Neil M Gorsuch


Access today’s rulings of the U.S. Supreme Court in argued cases

Access today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued four rulings in argued cases. 1. Justice Neil M. Gorsuch delivered the opinion of the Court in Wisconsin Central Ltd. v. United States, No. 17-530. Justice Stephen G. Breyer issued a dissenting opinion, in which Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan joined. You can access the oral argument via this link. 2. Justice Kagan delivered the opinion of the Court in Lucia v. SEC, No. 17-130....
Tags: Law, Court, Uncategorized, United States, SEC, Kennedy, Thomas, U S Supreme Court, Pereira, Lucia, Ginsburg, Sotomayor, Breyer, Stephen G Breyer, Anthony M Kennedy, Elena Kagan


Access today’s rulings of the U.S. Supreme Court in argued cases

Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued five rulings in argued cases. 1. Justice Sonia Sotomayor delivered the opinion of the Court in Rosales-Mireles v. United States, No. 16-9493. Justice Clarence Thomas issued a dissenting opinion, in which Justice Samuel A. Alito, Jr. joined. You can access the oral argument via this link. 2. Justice Stephen G. Breyer delivered the opinion of the Court in Chavez-Meza v. United States, No. 17-5639. Justice Anthony M....
Tags: Law, Court, Uncategorized, United States, Riviera, Kennedy, Thomas, Sonia Sotomayor, U S Supreme Court, Sotomayor, Stephen G Breyer, Anthony M Kennedy, Elena Kagan, Kagan, Clarence Thomas, Neil M Gorsuch


Access today’s rulings of the U.S. Supreme Court in argued cases

Access today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued two rulings in argued cases. 1. Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., No. 16-1220. You can access the oral argument via this link. 2. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Minnesota Voters Alliance v. Mansky, No. 16-1435. Justice Sonia Sotomayor issued a dissenting op...
Tags: Law, Court, Uncategorized, Ruth Bader Ginsburg, Sonia Sotomayor, U S Supreme Court, Stephen G Breyer, John G Roberts Jr, Mansky, Hebei Welcome Pharmaceutical Co, Court in Animal Science Products Inc, Court in Minnesota Voters Alliance


Access today’s rulings of the U.S. Supreme Court in argued cases

Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued four rulings in argued cases. 1. Justice Elena Kagan delivered the opinion of the Court in Sveen v. Melin, No. 16-1432. And Justice Neil M. Gorsuch issued a dissenting opinion. You can access the oral argument via this link. 2. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Husted v. A. Philip Randolph Institute, No. 16-980. Justice Clarence Thomas issued a concurring opinion. Justice Stephen G...
Tags: Law, Washington, Court, Uncategorized, United States, U S Supreme Court, Ginsburg, Sotomayor, Stephen G Breyer, Anthony M Kennedy, Elena Kagan, Kagan, Clarence Thomas, Husted, Neil M Gorsuch, Samuel A Alito Jr


Access today’s rulings of the U.S. Supreme Court in argued cases

Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued four rulings in argued cases. 1. Justice Sonia Sotomayor delivered the opinion of the Court in Lamar, Archer & Cofrin, LLP v. Appling, No. 16-1215. No separate opinions were issued, but Justices Clarence Thomas, Samuel A. Alito, Jr., and Neil M. Gorsuch did not join a portion of the opinion of the Court. You can access the oral argument via this link. 2. Justice Anthony M. Kennedy delivered the opinion of the Cour...
Tags: Law, Court, Uncategorized, United States, Ruth Bader Ginsburg, Kennedy, Thomas, Sonia Sotomayor, U S Supreme Court, Hughes, Alito, Koons, Sotomayor, Stephen G Breyer, Anthony M Kennedy, Elena Kagan


Two great new judicious commentaries on the federal sentencing guidelines

A helpful reader made sure I did not miss this latest issue of the Hofstra Law Review, which starts with a Colloquim on the topic "Thirty Years Later: A Look Back at the Original U.S. Sentencing Guidelines."  The issue contains  two notable articles authored by two notable jurists.  Here are links to the pieces and their opening paragraphs: " " by Stephen G. Breyer Thank you very much. It is terribly nice for me to be here at Hofstra.  Thirty years ago, as the original Sentencing Guidelines wer...
Tags: Supreme Court, Law, United States, Nebraska, Stephen G Breyer, Hofstra, Douglas A Berman, Hofstra Law Review, Federal Sentencing Commission, Jon O Newman, Federal Sentencing Guidelines, Roman L Hruska Institute, Sentencing Guidelines, Congress the Department of Justice


Putting Justice Gorsuch to the Test of Three Legal Editing Programs

The jury of popular opinion is divided on the writing style of the newest justice on the Supreme Court. Slate pronounced Neil M. Gorsuch a terrible writer. But a forthcoming quantitative study of his published opinions concludes that he “does exceedingly well according to the standards of good writing that legal writing authorities espouse.” His writing is the subject of a mocking Twitter hashtag and has been covered in the New York Times. Associate Justice Neil M. Gorsuch; photograph by Fran...
Tags: Twitter, Texas, General, Supreme Court, Microsoft, Law, Stanford, Yale, New York Times, New Mexico, District Of Columbia, Santander, State, Antonin Scalia, Robert Ambrogi, Mark Joseph Stern


Access today’s rulings of the U.S. Supreme Court in argued cases

Access today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued rulings in three argued cases. 1. Justice Sonia Sotomayor delivered the opinion of the Court in Collins v. Virginia, No. 16-1027. Justice Clarence Thomas issued a concurring opinion. And Justice Samuel A. Alito, Jr. issued a dissenting opinion. You can access the oral argument via this link. 2. Justice Stephen G. Breyer delivered the opinion for a unanimous Court in Lagos v. United States, No. 16-1519. You c...
Tags: Law, Virginia, Court, Uncategorized, United States, Sonia Sotomayor, U S Supreme Court, Stephen G Breyer, Vogt, Clarence Thomas, Samuel A Alito Jr, City of Hays, Court in Collins, Court in Lagos


Access today’s rulings of the U.S. Supreme Court in argued cases

Access today’s rulings of the U.S. Supreme Court in argued cases: The Court today issued five rulings in argued cases. 1. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Murphy v. National Collegiate Athletic Assn., No. 16-476. Justice Clarence Thomas issued a concurring opinion. Justice Stephen G. Breyer issued an opinion concurring in part and dissenting in part. And Justice Ruth Bader Ginsburg issued a dissenting opinion in which Justice Sonia Sotomayor joined in full and J...
Tags: Law, Court, Uncategorized, United States, Louisiana, Ruth Bader Ginsburg, Thomas, Sonia Sotomayor, U S Supreme Court, Murphy, McCoy, Ginsburg, Alito, Breyer, Stephen G Breyer, Anthony M Kennedy


#TeamNoGuac

#TeamNoGuac: Justice Stephen G. Breyer may be interested to learn that the Goings on About Town section of the May 14, 2018 issue of The New Yorker contains a Tables for Two item by Hannah Goldfield headlined “Elevated Mole and Mezcal at Claro: T.J. Steele, who splits his time between New York and Oaxaca, is challenging the idea that Mexican food should be inexpensive and informal.” No word on whether the mole is prepared tableside.
Tags: New York, Law, Uncategorized, Oaxaca, Stephen G Breyer, About Town, Hannah Goldfield, T J Steele


Access today’s rulings in argued cases of the U.S. Supreme Court

Access today’s rulings in argued cases of the U.S. Supreme Court: Justice Clarence Thomas delivered the opinion of the Court in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, No. 16-712. Justice Stephen G. Breyer issued a concurring opinion, in which Justices Ruth Bader Ginsburg and Sonia Sotomayor joined. And Justice Neil M. Gorsuch issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. joined. You can access the oral argument via this link. Justice Gorsuch del...
Tags: Law, Court, Uncategorized, Ruth Bader Ginsburg, Sonia Sotomayor, U S Supreme Court, Stephen G Breyer, Clarence Thomas, Neil M Gorsuch, John G Roberts Jr, SAS Institute Inc, Gorsuch, Greene s Energy Group LLC, Matal, Court in Oil States Energy Services LLC


Two notable opinions from SCOTUS on vagueness and habeas review

The US Supreme Court handed down two big opinions this morning that criminal justice fans will want to check out. Here are the basics with links from How Appealing: Justice Elena Kagan announced the judgment of the Court and delivered the opinion of the Court in large measure in Sessions v. Dimaya, No. 15-1498. Justice Neil M. Gorsuch issued an opinion concurring in part and concurring in the judgment. Chief Justice John G. Roberts, Jr. issued a dissenting opinion, in which Justices Anthony M. ...
Tags: Law, Court, United States, Johnson, Smith, Kennedy, US supreme court, Sellers, Wilson, Thomas, Porter, Wiggins, Ginsburg, Alito, McCollum, Chatman