Category Archives: Bench & Bar

Alabama Chief Justice pushes for marriage protection amendments

    AP: “‘The moral foundation of our country is under attack,’ Chief Justice Roy Moore said in an interview with The Associated Press. He mailed letters Wednesday to all 50 governors urging them to get their legislatures to call for a convention to add an amendment to the U.S. Constitution saying the only union recognized by state and federal governments is ‘the union of one man and one woman.’ He also is setting up a website to rally public support.”


  • Posted: 02/06/2014
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  • Category: Bench & Bar
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  • Source: hosted.ap.org

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Proposal would bar California judges from Scout participation

Showdown time in S.C. Supreme Court chief justice race

Plan to shrink Washington Supreme Court size to be heard by Senate

Tennessee judge who ordered name change for baby Messiah fired

The Constitution outside the courts: President Obama

    Lyle Denniston at Constitution Daily: “Many Americans, not just the courts, help shape the meaning of the Constitution in the nation’s life. This series explains the actual or potential contributions of these other individuals, groups, or institutions. Today’s Constitution-maker is President Obama. In his State of the Union message last week, the President declared a measure of independence from Congress, saying that he would not wait for the legislative process to take action that he believed was necessary.”


  • Posted: 02/04/2014
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  • Category: Bench & Bar
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  • Source: blog.constitutioncenter.org

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Colorado AG: A “veto” attorneys general shouldn’t wield

Justice Sotomayor describes navigating new worlds

Justice Alito: Court can’t worry about popularity

Judge O’Scannlain on Joseph Story, natural law, and modern confusion

A Conversation with Justice Scalia | UNC School of Government Blog

Strine confirmed as next chief justice of Delaware Supreme Court

Panel recommends judge’s suspension and fine for selling religious items in courthouse

Intellectual diversity in the legal academy

Court system hit with cyberattack

    Politico: “The incident affected uscourts.gov, the federal court’s public hub, as well as most if not all federal court sites — not to mention the federal court system’s electronic filing system and its access page, PACER, a spokesman for the Administrative Office of the U.S. Courts said Friday.”


  • Posted: 01/24/2014
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  • Category: Bench & Bar
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  • Source: www.politico.com

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Rob Schwarzwalder: Conservatives and the Constitution

Eugene Volokh: Could foreign law jeopardize American constitutional rights?

Kansans for Life seeks state Supreme Court changes

Lyle Denniston: Did Windsor already settle the fate of state marriage protection amendments?

Orange County lawyer disbarred for possessing child pornography

George Will: “Judicial activism isn’t a bad thing”

The origins of originalism | Ilya Somin

    Ilya Somin at The Volokh Conspiracy: “Jack is right that the emergence of originalism as a “self-conscious” theory of constitutional interpretation is relatively recent. The same can be said of living constitutionalism, which did not emerge as a distinct, self-conscious school of thought until the early 20th century or even later (depending on how you define the movement). But it is also important to recognize that the idea that judicial interpretations of the Constitution should be guided by the way the document was understood at the time of ratification is not of recent origin.”


  • Posted: 01/22/2014
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  • Category: Bench & Bar
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  • Source: www.washingtonpost.com

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Why are Americans Originalist? | Jack M. Balkin

Washington Post picks up The Volokh Conspiracy legal blog

Utah and Oklahoma marriage cases put 10th Circuit in spotlight

Ave Maria School of Law named best Catholic law school

Some law schools cutting tuition amid dismal legal jobs market

William Hood sworn in as 103rd Colorado Supreme Court justice

Senate confirms Wilkins to D.C. Circuit

Chief Justice Bender retires from Colorado Supreme Court

Iowa Supreme Court to weigh ditching bar exam

George Will: A defining moment for the court

Robert Wilkins’ D.C. Circuit Confirmation Vote Set for Monday

Oral Arguments in McCullen v. Coakley on Wednesday, January 15

Originalism: We the People of the Past, the Present, and the Future

Presidential power case before court hinges on history

Reid’s Uncompromising Power Play in Senate Rankles Republicans

Sen. John Cornyn blesses nomination of Gregg Costa to the Fifth Circuit

Judicial Nominee Votes Delayed On Capitol Hill

Republicans call for removal of Obama supporter leading IRS targeting probe

12 attorneys general to SCOTUS: 10th Amendment ‘turned on its head’

Federal Court nominee with links to FFRF “reassures Senate panel”

Supreme Spin Cycle: Two cases test whether lower-court judges can ignore precedents.

Sewell pushes for more black federal judges

“Fraternal Order of Police Sends Scathing Letter to Obama Opposing ‘Race-Baiting’ Civil Rights Nominee”

Governor Markell Nominates Leo E. Strine, Jr. for Chief Justice of Delaware Supreme Court

Interpreting the Constitution Through Original Methods Originalism

After Rubio objection, Obama officially ends federal nomination for Miami-Dade judge

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

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