Category Archives: Bench & Bar

Castille wins another term on Pa. Supreme Court

Pa. voters send GOP’s Stabile to Superior Court, Dems sweep other top offices

Transgender Grammar | Ed Whelan at NRO

PA voters could oust two Supreme Court justices in Tuesday’s election

Dear President Obama, This Is Why Judges Matter | Emily Bazelon and Dahlia Lithwick at Slate

“The U.S. Needs a New Constitution—Here’s How to Write It” | The Atlantic

    Alex Seitz-Wald at The Atlantic: America, we’ve got some bad news: Our Constitution isn’t going to make it. It’s had 224 years of commendable, often glorious service, but there’s a time for everything, and the government shutdown and permanent-crisis governance signal that it’s time to think about moving on. “No society can make a perpetual constitution,” Thomas Jefferson wrote to James Madison in 1789, the year ours took effect. “The earth belongs always to the living generation and not to the dead .… Every constitution, then, and every law, naturally expires at the end of 19 years.”


  • Posted: 11/04/2013
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  • Category: Bench & Bar
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  • Source: www.theatlantic.com

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Why is S.C. Supreme Court not following law on timely court decisions?

Justice Kennedy’s Federalism Rationale for Refusing to Perform Marriage Ceremonies

Ted Cruz criticizes DOJ for arguing international treaty can trump the Constitution

Robert Wilkins Nomination for D.C. Circuit Passes Committee

Senate Blocks Obama Picks For Judge, Housing Posts

Senators Clash Over Obama Judge And Housing Picks

Collegiality, Court-Packing, and the D.C. Circuit

Eleven Lawyers, Judges Vie for D.C. Court of Appeals Seat

O’connor Performs Same-sex Wedding At High Court

WI: Constitutional amendment would let court select chief justice

2013 National Lawyers Convention Schedule

Republican AGs vs. Obama’s Court-Packing Plan

Florida Bar Upset Over Lost Influence

Portrait of Female Justices Unveiled

Filibuster Wars To Flare Up As Reid Moves On Top Judges

Graham Says He’ll Block Nominations Over Benghazi

The New Politics of Judicial Elections, 2011-12

    Brennan Center for Justice: “The New Politics of Judicial Elections, 2011-12” analyzes the prominent role of special interest money in state Supreme Court elections. In 2011-12, many of these races “seemed alarmingly indistinguishable from ordinary political campaigns—featuring everything from Super PACs and mudslinging attack ads to millions of dollars of candidate fundraising and independent spending.” The report documents how the “boundaries that keep money and political pressure from interfering with the rule of law have become increasingly blurred.”


  • Posted: 10/28/2013
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  • Category: Bench & Bar
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  • Source: newpoliticsreport.org

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Hickenlooper appoints Hood as new Colorado Supreme Court justice

Senator Cornyn on the D.C. Circuit

Chris Christie’s Court

In New Haven, Justice Sotomayor shares the story of her life

Breastfeeding Mo. Mother Charged With Contempt

President Obama Designates Judge Patricia E. Campbell-Smith to Serve as Chief Judge of the U.S. Court of Federal Claims

The Death of Legal Reason in New Jersey | Matthew J. Franck at NRO

Appellate Lawyer Representatives Produce Ninth Circuit Practice Guide

Christie’s Supreme Court nominee approved by N.J. Senate judiciary committee

    NJ Star Ledger: In a rare break in the ongoing war between Gov. Chris Christie and Senate Democrats over court appointments, the upper house’s judiciary committee today approved the Republican governor’s latest nominee to the state Supreme Court. Superior Court Judge Faustino Fernandez-Vina faced dozens of sharp-edged questions from Democrats during a two-and-a-half hour hearing in Trenton, but was also praised for his serene demeanor.


  • Posted: 10/18/2013
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  • Category: Bench & Bar
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  • Source: www.nj.com

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Elena Kagan: Not all government is dysfunctional

McGinnis/Rappaport’s Originalism and the Good Constitution—Part 1 | Ed Whelan at NRO

    Ed Whelan at National Review: As they sum up the argument, “If we are to be faithful to law, we must follow the law’s original meaning.” . . . I find much more appealing the normative argument for originalism that law professor Lawrence B. Solum makes in his long law-review article “Semantic Originalism” (pp. 149-160). That argument, at its essence, is that in a “reasonably just society” like ours, it’s wrong to lie about the meaning of the Constitution.


  • Posted: 10/16/2013
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  • Category: Bench & Bar
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  • Source: www.nationalreview.com

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In The Future, Law School Tuition Will Be Absolutely Terrifying

Same-Sex Marriage Makes Liberal Judges Irrational | Matthew J. Frank at Public Discourse

How Activist Is the Supreme Court?

New Blog Airs Law Schools’ Laundry: Deans aim for tough look at legal education.

N.J. same-sex marriage debate is background noise for judge with Bayonne roots

Justice Kennedy On Law School, Blogging, And Popular Culture

Scalia and the devil

    UPI: “You’re looking at me as though I’m weird. My God! Are you so out of touch with most of America, most of which believes in the devil? I mean, Jesus Christ believed in the devil! It’s in the Gospels! You travel in circles that are so … removed from mainstream America that you are appalled that anybody would believe in the devil! Most of mankind has believed in the devil, for all of history. Many more intelligent people than you or me have believed in the devil.”


  • Posted: 10/14/2013
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  • Category: Bench & Bar
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  • Source: www.upi.com

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Justice’s Wheels Slowed As Shutdown Hits Courts

    AP: The government shutdown is slowing the wheels of justice in federal courts by delaying civil cases, forcing prosecutors to operate with skeleton staffs and raising uncertainty about the system’s immediate future if the stalemate continues past Thursday.


  • Posted: 10/14/2013
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  • Category: Bench & Bar
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  • Source: hosted.ap.org

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Diane Wood is New Chief Judge of Seventh Circuit

Longtime Faculty Member Diane Wood is New Chief Judge of Seventh Circuit

Blacks lack presence on federal appellate court | Leslie Proll of the NAACP

“Justice Kennedy Offers Views on Shutdown, Congress and Gay Marriage”

“New Supreme Court session could include broad array of LGBT cases”

The Oklahoman Endorses Move Away from Missouri Plan

U.S. Supreme Court appears wary of broad campaign finance ruling

U.S. Justice Kennedy visits Penn law school

Court returns to campaign finance reform: Today’s oral argument in Plain English

Shutdown Delays Judicial Confirmation Process

Speaking of the Scalia Interview… Three Originalists on the Harvard Faculty?

Number of Female Harvard Law Review Editors Nearly Doubled in First Gender-Based Affirmative Action Cycle

Supreme Court Declines to Decide When Online Speech Becomes an Illegal Threat

In new term, Supreme Court may steer to right on key social issues

Kagan: Confirmation Process ‘Sort Of Broken’

Kennedy: Too Many Disputes Left For Court, Should Not Be in Functioning Democracy

Gallup: Americans Still Divided on Approval of U.S. Supreme Court

SCOTUS open for business at least through Oct. 11

Supreme Court To Hold Arguments Despite Shutdown

A reflective Justice Breyer: Longtime jurist explains inner workings of Supreme Court

    Harvard Gazette: There are roughly 8,000 cases pointed toward the court each year, said Breyer, who broke down some of the court’s internal workings. Four law clerks for each justice review the cases and write detailed memos about each petition. The justices then review those memos and choose which ones to hear in a process that requires four votes to grant a writ of certiorari, or judicial review. The final list typically includes about 80 cases.


  • Posted: 10/03/2013
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  • Category: Bench & Bar
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  • Source: news.harvard.edu

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Analysis: Delaware’s corporate courts on brink of big change

Court remains open to visitors

Robin Rosenbaum being vetted for 11th Circuit

Prop 8 legal team joins case against Va. marriage

NC Republicans Vow To Fight US DOJ Over Voter Laws

Weinstein’s Wild Whining

The Supreme Court’s Key Role in Polarizing American Politics

Republicans Tap New Talent to Argue Key Campaign Case

Obama packs D.C. Circuit, threatens political balance

    Washington Times: Last week the SenateJudiciary Committee approved the nomination of Nina Pillard to the U.S. Court of Appeals for the D.C. Circuit. That party-line vote followed the committee’s hearing earlier this month on District Judge Robert Wilkins‘ nomination to the D.C. Circuit, the committee’s party-line vote in favor of Patty Millett’s nomination in August, and the Senate’s confirmation of the D.C. Circuit’s newest judge, Sri Srinivasan, in May. If this sounds like an unusual flurry of activity for one tiny court, that’s because President Obama has made tilting the court’s political balance a high priority for his second term.


  • Posted: 09/26/2013
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  • Category: Bench & Bar
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  • Source: www.washingtontimes.com

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New questions raised about South Carolina federal court nominee