Category Archives: Bench & Bar

A Conspiracy Against Obamacare: The Volokh Conspiracy and the Health Care Case

DOJ Offers New Approach To Classroom Discipline

Jindal: DOJ ‘More Interested In Skin Color’ Than Education

Law Professors Give ABA an Earful on Tenure’s Future

Judicial Nominees Start Over in Senate

Our Normative Argument For Originalism | John McGinnis & Michael Rappaport

    John McGinnis & Michael Rappaport at Volokh Conspiracy: We can summarize our argument in three simple propositions. First, stringent supemajority rules provide the best way to make a national constitution. Second, the United States Constitution was enacted mainly under such rules. Third, it is the original meaning that was enacted under those supermajority rules and therefore it is that meaning that should be followed today.


  • Posted: 01/07/2014
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  • Category: Bench & Bar
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  • Source: www.volokh.com

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The Rule of Law Gets Another Chance in Utah Marriage Case

Paul Clement Takes on Health Care Law Again

Originalism and the Good Constitution

SCOTUS for law students (sponsored by Bloomberg Law): Abortion’s time is coming

The President vs. The Senate: Supreme Court to weigh in on Obama’s nominations power play

    David Rivkin and Lee Casey at Wall Street Journal (via Google): Later this month the Supreme Court will hear a case that should resolve how much latitude presidents have to make recess appointments to federal offices that otherwise require Senate confirmation. The boundary of this power has never been decided by the high court. Yet the entire scheme of the U.S. Constitution—which is based on a separation of powers, enforced through checks and balances to safeguard individual liberty—is at stake. Noel Canning v. NLRB involves several recess appointments President Obama made to the National Labor Relations Board on Jan. 4, 2012.


  • Posted: 01/03/2014
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  • Category: Bench & Bar

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The Year Ahead in Court Battles | Andrew Cohen at the Atlantic

11 attorneys general slam Obama healthcare fixes as illegal

W.Va. Supreme Court votes Davis chief justice for 2014

Confusing Cause and Effect for the Law School Bubble

“Justice Alito’s slam at Vaughn Walker for Prop. 8 ruling” | San Francisco Chronicle

Supreme Court To Take Up Campaign Finance, Abortion Protests In 2014 | NPR Audio

Utah AG Sean Reyes takes oath, poised to appeal marriage ruling

SCOTUS ponders whether the president can make appointments while Congress is out

Nevada Supreme Court incumbents usually draw no opponents

In our opinion: Judicial tyranny | Deseret News

Judicial Nominations and Confirmations: Fact and Fiction | Brookings Institute

    Russell Wheeler at the Brookings Institute: Changing Composition of Court of Appeals Obama, in terms of the party of the president who appointed circuit judges in active status, has not able to put as much of an imprint on the courts of appeals as did Bush by the end of his fifth year. Obama had a circuit confirmation rate about the same as Bush’s, but Bush inherited an appellate judiciary split evenly between Republican and Democratic appointees, with 26 vacancies. He was able by the end of 2005 to shift that split to 59 percent Republican appoints (and 60 percent by the end of eight years). Obama inherited that 60-40 split. At the end of 2013 it slightly tilted to Democratic appointees (52% to 48%). (Table 12) In 2009, seven courts of appeals had a majority of Republican appointees among their active status judges. Today, seven of them have Democratic-appointee majorities.


  • Posted: 12/30/2013
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  • Category: Bench & Bar
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  • Source: www.brookings.edu

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Scalia finds his predictions on same-sex-marriage ruling being borne out

“Utah Judge Unexpected as a Hero to Gay People”

Kansas’ Unauthorized LL.M. Program Draws ABA Censure

US District Court Judge Julie E. Carnes tapped to serve in 11th Circuit Court of Appeals

Obama picks Judge Gregg Costa for 5th Circuit appeals court

Coburn slams Dems for move to confirm DHS official under probe

Obama Will Nominate Baucus As Ambassador To China

Lights, camera, Supreme Court: It’s about time

Senate GOP to skip town, leave Dems working weekend shift

Obama’s extreme use of executive discretion | George F. Will at Washington Post

University of Chicago Law Review Symposium on the Work of Judge Robert Bork

Justice Department Defends Law Banning Protests at Supreme Court

Nation’s Law Schools See Lowest Enrollment Since 1975

Senate GOP to decide filibuster strategy

Senator Landrieu Maintains Perfect Pro-Obama Judge Record

    NRO Bench Memos: While you were (hopefully) sleeping last night, the Senate voted 51–44 to confirm the nomination of Cornelia Pillard, one of President Obama’s most controversial judicial nominees. Red-state Democrats had to make a choice at the vote shortly before 1 a.m.: Would they represent their constituents at home, or continue to vote in lockstep with the president under cover of night?


  • Posted: 12/12/2013
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  • Category: Bench & Bar
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  • Source: www.nationalreview.com

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Nina Pillard, Georgetown Law Professor, Confirmed to D.C. Circuit

Attorney airs warning on Obama packing D.C. court

Robinson nominated to Conn. Supreme Court

ABA Reconsiders Practical Skills Mandate for Law Schools

Nebraska Judicial Commission won’t investigate judge who told 16 year old abortion would “kill the child inside you”

Senate GOP Could Taste Sweet Revenge In Supreme Court Case

IRS Nominee To Face Questions On Health Law

How to Lie With Statistics, Filibuster Edition

    National Review Bench Memos: For starters, the filibuster is a red herring. Cohen claims “dozens” of Obama nominees have been stopped by the filibuster; in fact, there have been only eight successful filibusters during all of Obama’s tenure in the White House, for six different nominees. One of those was later confirmed. That’s a total of five nominees blocked by the filibuster. Meanwhile, 209 Obama nominees have been confirmed.


  • Posted: 12/09/2013
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  • Category: Bench & Bar
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  • Source: www.nationalreview.com

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25 Years Later, PACER, Electronic Filing Continue to Change Courts

    USCourts.gov: Twenty-five years ago, computers were hurtling America into the Information Age. From 1987 to 1989, the nation’s PC sales tripled, as consumers gained unprecedented power to process words, crunch numbers and print documents at home. The World Wide Web was still being invented, but early adopters were discovering personal email.


  • Posted: 12/09/2013
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  • Category: Bench & Bar
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  • Source: news.uscourts.gov

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Some Wisconsin Supreme Court justices urging senators to support amendment

Senate Republicans Get Argument Time in Recess Case

Senate Dems Push Obama Nominees, Gop Bides Time

Schedule set for contraception challenge briefing

Senate Democrats to move quickly on nominations

Practice pointer: Coordinating briefing in consolidated cases

Dems’ Power Grab Will Cost Them The War Over The Constitution In Court | Ken Klukowski at Breitbart

Turley: Obama’s “Become The Very Danger The Constitution Was Designed To Avoid”

Supreme Court Takes on Free Speech Case of Often-Arrested Protester

    ABC: But in 2010 Apel was arrested for protesting in the designated zone. Federal officials say that because Apel had previously been arrested, in 2003 and 2007, for trespassing and vandalizing property (he threw a vial of blood on a sign) and he has been barred from the base. They say that the protest area is owned by the base and when Apel returned in 2010 to protest he was violating a federal law.


  • Posted: 12/04/2013
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  • Category: Bench & Bar

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The nominees Obama wants most

9th Circuit: Court of Appeals to Open En Banc Proceedings to Internet Viewing

Originalist Scholars Amicus Brief in NLRB v. Noel Canning

Wyoming Governor Appoints Pro-Abortion Attorney to State Supreme Court

Supreme Court busy looking for cases — but finding fewer than usual

Stakes high as U.S. Supreme Court hears Michigan tribal case on gaming dispute

Should the Supreme Court Have Unpaid Interns?

Making the Case Against D.C. Circuit Nominee Cornelia Pillard | Ed Whelan at NRO

White House, allies weigh nomination strategy under new Senate rules

Filibuster faces terminal decline

Left emboldened by nuclear move

When the Swing Justice Doesn’t Swing: Rumors of Anthony Kennedy as a moderate on abortion are wildly overblown.

Obama Nominates Two to D.C. Superior Court

Is There a New Filibuster Rule? Will Baude at Volokh Conspiracy