Category Archives: Bench & Bar

Judicial nominees face unfair hurdles in the Senate | Washington Post Editorial

Senate heads toward new filibuster fight

President Announces Nominee For Assistant Attorney General For Civil Rights

Holder: l’ll stay attorney general ‘well into 2014′

Clarence Thomas: The Supreme Court’s most happy fella

Four Senior Judges Up for Reappointment in DC Courts

House approves automatic fines for filing frivolous lawsuits

America’s Moderate Liberalism: Rediscovering Montesquieu, Recovering Balance

Cruz Attacks DOJ Advocacy at Federalist Society Meeting

U.S. argues for broad limit on teens’ gun rights

MI: Bill changing how residents sue state government now law

2013 National Lawyers Convention: Textualism and the Role of Judges

Expanded the Range of Respectable Opinion in Constitutional Discourse

Reid lacks the votes to go nuclear

Nevada Supreme Court Stays Out of Dispute Over Judge’s Recusal For Religious Ties

Will the Supreme Court Strike Another Blow for Worker Freedom?

GOP Ready To Block Key Obama Court Nominee

Sometimes, you don’t want your case to make it to the Supreme Court

Deja Vu at Jones Day: Firm Hires Six More Supreme Court Clerks

Legal blog seeks recognition from high court

Judge’s Religious Comments Lead To Remand For Resentencing

Is the Supreme Court Punting on Controversial Issues? Okla. Coalition for Reproductive Justice v. Cline

Abortion Groups Target Judge for Saying Abortion Kills a Baby

Only 33% Think Most Judges Follow the Law in Their Rulings

Harry Reid Opens Door To Nuking The Filibuster For Judges

SCOTUS Petitions to Watch: Okla. Abortion Ultrasound Case

NY: Plan to Raise Judges’ Retirement Age to 80 Is Rejected

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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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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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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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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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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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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