Category Archives: Bench & Bar

“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

Sen. Mike Lee: Supreme Court ObamaCare Ruling a “Lawless Act”

Is the FISA Court constitutional?

    Andrew Napolitano at Fox News: What we learned makes it self-evident that the FISA Court itself is unconstitutional. The Constitution establishes a limited federal government, which includes a limited federal judiciary. Because the Framers feared that federal judges might act as super-legislatures and go about declaring unconstitutional whatever legislation or presidential actions displeased them, they wrote into Article III of the Constitution the absolute prerequisite of the existence of a case or controversy before the jurisdiction of any federal court could be invoked.


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

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Windsor and the Problem with Rights of Recognition

“Utahn lauded as 10th Circuit appeals court pick”

Real Judicial Restraint

The Obama Administration and (Future) Feeder Judges

Obama nominates three to federal judgeships

    Boston Globe: Addressing long-term vacancies in federal courthouses in Massachusetts, the White House is set to nominate three lawyers for judgeships, including the nomination of Hampden District Attorney Mark G. Mastroianni to a US District Court post in Springfield. The White House is also recommending attorney Indira Talwani to sit on the US District Court in Boston, and has tapped Harvard Law School professor David Jeremiah Barron for appointment to the US Court of Appeals for the First Circuit.


  • Posted: 09/24/2013
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  • Category: Bench & Bar
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  • Source: www.bostonglobe.com

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“Rubio Withdraws Support for Gay Black Judge’s Nomination to the Federal Bench”

‘Senate confirms lesbian attorney for judgeship”

OH: “Clermont lawmaker: Impeach judge in same-sex marriage case”

2013 Supreme Court Roundup | Michael McConnell at First Things

    Michael McConnell at First Things: The United States Supreme Court has two personalities. In the vast majority of cases on its docket, those involving criminal law, business regulation, statutory interpretation, freedom of speech, procedure, jurisdiction, and other technical but important legal questions, the Supreme Court acts like a court of law—a good one. The justices achieve a remarkable degree of consensus and craft opinions that are clear, persuasive, and well grounded in text, history, and precedent. This is true even in hard cases, where there are good arguments on both sides. No one will agree with every decision, but no fair-minded observer could doubt that decisions are based on conscientious legal reasoning.


  • Posted: 09/24/2013
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  • Category: Bench & Bar
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  • Source: www.firstthings.com

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Ninth Circuit Holds Annual Law Clerk Orientation

Supreme Court may strike new blow to campaign funding laws

In secret, Fisa court contradicted US supreme court on constitutional rights

Obama Makes Another Judicial Nomination Push

NJ ‘Joking Judge’ Resigns After Losing Ruling

Supreme Court Justice Clarence Thomas visits University of Portland

NJ’s High Court Rules Against ‘Joking Judge’

Senate Panel OKs Obama Judge Who Said Abortion Frees Women From “Conscription Into Maternity”

Everyday heroes etched in Supreme Court history

“The untold risks of the Supreme Court’s same-sex marriage decisions” | Tom Goldstein at SCOTUS Blog

Law firm incubators help both grads and needy clients, Fred Rooney says

    ABA Journal: Rooney used the position to start filling a gaping hole in the law–access for all to legal services–and created a program to train lawyers serving poor and moderate-income clients to become not just good advocates but smart businesspeople too. “We started a network where we had full-time staff to provide to graduates developing small and solo firms the kinds of services they’d get if they were at a large firm,” he says. “It was the beginning of a movement in the United States to support graduates.”


  • Posted: 09/18/2013
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  • Category: Bench & Bar
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  • Source: www.abajournal.com

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Associate Salaries Essentially Flat Since 2007

“Senate Confirms Lesbian as Judge of U.S. Court of Federal Claims”

The Low-Tech U.S. Supreme Court

FISA judge: no company has challenged phone records orders

“Gay bias in jury selection: Appeals court to consider issue in fight between drug giants”

Justice Antonin Scalia says constitution not meant to answer moral questions

IRS workers turn to elite D.C. lawyers for defense

Scalia Chides ‘Activist’ Colleagues on Eve of Constitution Day

CT: Local woman adjusts to Supreme Court bench

Reagan’s Court v. the Libertarians’

    The American Prospect: But it is Ronald Reagan’s ghost that haunts the chief justice’s chambers, much as Franklin Roosevelt’s haunted the chambers of Justices Hugo Black and Felix Frankfurter for decades after his death. Roosevelt and Reagan are the only two 20th-century presidents who consciously pursued a judicial revolution at the Court. Roosevelt’s legal philosophy was based on government as the agent of freedom, equality, and opportunity; Reagan famously declared that “government is the problem,” but he tempered his motto with a willingness to govern, to compromise with political adversaries, and to tax and spend when necessary.


  • Posted: 09/16/2013
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  • Category: Bench & Bar
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  • Source: prospect.org

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Obama Nominee for Judge Says Abortion Frees Women From “Conscription Into Maternity”

Chief Justice Roberts holds key in campaign-finance case

Judiciary sends Obama budget plea

Wilkins Breezes Through D.C. Circuit Confirmation Hearing

Hecht chosen as new chief of Texas Supreme Court

Anti-Muslim Pastor Arrested On Way To Planned 9-11 Qur’an Burning

11th Cir. and D. of Georgia judgeship deal in the works

House Committee Approves Bill on ‘Frivolous’ Lawsuits

Obama Pushes Pro-Abortion Nominee Nina Pillard for Second Most Powerful Court

Senator Lee Criticizes Chief Justice in New E-Book

Relieving the Heavy Federal Judicial Caseload

    Ed Whalen at NRO: Adding new judges would be one way to relieve the caseload. But, given our country’s long-term fiscal problems, I’d suggest that a better way is to reduce the number of cases in the federal system by eliminating federal causes of action (especially those that are duplicative of state causes of action) and possibly by restricting jurisdiction.


  • Posted: 09/11/2013
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  • Category: Bench & Bar
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  • Source: www.nationalreview.com

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The Supreme Court ‘Beauty Contest’: A Behind-the-Scenes Look