Category Archives: Bench & Bar

ACLU locked in contract dispute with employee union

    ACLU: Over the years, the American Civil Liberties has made enemies among the national security state, the religious right, and conservative legislatures across the country. But now it faces opposition from an unexpected corner: its own employees. For the past four months, ACLU management has been engaged in contract negotiations with the union representing its assistant legal staff, administrative assistants, and other support staff.


  • Posted: 07/25/2013
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  • Category: Bench & Bar
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  • Source: tv.msnbc.com

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“How Gay Marriage Became Legitimate: A revisionist history of a social revolution” | Richard A. Posner at The New Republic

The D.C. Circuit’s Judicial Math

    WSJ (via Google): Senate Democrats are preparing to fight for President Obama’s plan to confirm three new judges to the D.C. Circuit Court of Appeals in an effort to tilt a court that has stymied the Administration’s regulatory agenda. According to new data from the court, however, the judicial case load doesn’t justify the Senate fire drill.


  • Posted: 07/25/2013
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  • Category: Bench & Bar

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Justice Dept To Challenge States On Voting Rights

    AP: Attorney General Eric Holder announced Thursday that the Justice Department is opening a new front in the battle for voter protections, a response to the Supreme Court ruling that he said dealt a major setback to the Voting Rights Act.


  • Posted: 07/25/2013
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  • Category: Bench & Bar
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  • Source: hosted.ap.org

Supreme Court Clerks Ten Years Later

    Orin Kerr at Volokh Conspiracy: As Derek notes, there are some very interesting trends based on ideology, too. Consider the career paths of the 16 who clerked for what we might call the liberal-ish Justices (Stevens, Souter, Breyer and Ginsburg). In my experience, all of the 16 members of that group are identifiably left-of-center. Of the group, 9 of the 16 are academics and 8 of the 9 are at “Top 14″ schools. You see a different path with the 19 who clerked for conservative-ish Justices (Rehnquist, O’Connor, Scalia, Kennedy, and Thomas). They tended to be a more politically diverse group, with probably about 70% identifiably right-of-center. Of the 19 clerks in that group, only 6 became academics and only 1 of the 6 is at a “Top 14″ school.


  • Posted: 07/24/2013
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  • Category: Bench & Bar
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  • Source: www.volokh.com

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D.C. Circuit Nominee Under Fire on Capitol Hill

Obama Judicial Nominee Calls Abstinence Education ‘Unconstitutional’

America’s Rule of Law Sickness | Richard Reinsch at Library of Law and Liberty

Patricia Millett’s Strained Relationship with Truth

PA: Confirmed Supreme Court justice nominee Correale Stevens to be sworn in July 30

When the White House loses cases 9-0, the president is going too far.

A Better Secret Court | Hon. James G. Carr at NYT

Obama Judicial Pick Cornelia Pillard: Abortion Needed to “Free Women From Maternity”

“Being a gay justice is no longer a big issue” | San Francisco Chronicle

House, Senate Panels at Odds Over Legal Services Budget

The Last Days of Biglaw

In Snowmass, Justice Antonin Scalia says judges should not be policymakers

The Legal Circus That Killed Proposition 8 | Frank Schubert at Public Discourse

Mich. Judge Will Keep Obama Informed, Says Detroit Bankruptcy ‘Not Honoring’ President

Judicial Picks Loom as Next Battle

Federal Circuit Nominee Gets Senate Judiciary Approval

Senate votes 59-40 to confirm McCarthy as EPA administrator

Senate confirms Perez as secretary of Labor on party line vote

Appellate Veterans Launch Moot Court Panel for Hire

Senate Committee Clears Nomination Of New FBI Head

Republicans Get Filibusted: Democrats end the 60-vote Senate rule for presidential nominees

Senate Clears Hurdle For Labor Secretary Nominee

Will the filibuster deal moot Noel Canning?

Union lawyer, labor board counsel nominated to NLRB

The DOMA Decision and the Inscrutable Anthony Kennedy | Bruce Hausknecht at Public Discourse

Obama hands out plum ambassador posts to big campaign donors

Symposium: The challengingly uncategorizable Recess Appointments Clause

Majority Leader: Senate Deal Near On Nominations

Amid Falling Enrollment, Law Schools Are Cutting Faculty

Filibuster Fight Could Prompt Tougher Battles

44% Favor Ending Senate Filibuster, 38% Oppose

Democratic Leader Heads To Senate Rule Showdown

A Visual Guide to United States v. Windsor: Doctrinal Origins of Justice Kennedy’s Majority Opinion

Three Law School Admission Myths Debunked

Magistrate Judge Nominated for D.C. Superior Court Seat

Holder Fiscal 2011 Travel Cost Taxpayers More Than $1.45 Million

No JD? No Problem, Say 5 States (That You Might Not Know About)

Reid flirts with nuke option despite GOP shutdown threats

Nuclear fallout: GOP vows no legislation will pass the Senate

Federal Judge: Fisa Court Not A Rubber Stamp

Wayne State, ACLU start civil rights law clinic

Power Verbs

Above the Law | Judge Andrew P. Napolitano

    Judge Andrew P. Napolitano: What’s going on? What we have is a runaway government, dismissive of the Constitution it has sworn to uphold, contemptuous of the law it is required to enforce and driven by its own values of maximum control and minimum personal freedom. And we have a Congress supine enough to let this happen, as well as a judiciary so tangled in its own arcane procedures that immeasurable human freedom will be destroyed and Obama out of office before any meaningful judicial review can be had. Is this the rule of law? What shall we do about it?


  • Posted: 07/11/2013
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  • Category: Bench & Bar
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  • Source: www.judgenap.com

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Senators try again on cameras in the Courtroom

Docs: Justice Department facilitated anti-Zimmerman protests

“Gay Rights Likely to Be ‘Major Part’ of Kennedy’s Legacy”

Senate Democrats set for decisive meeting on ‘nuclear option’

There’s No Justice When the Spied-On Have No Voice

U.S. Senate unanimously approves Wyoming Attorney General Greg Phillips to 10th Circuit

The Roberts Court and the First Amendment

Supreme Court advocates becoming D.C. Circuit judges (updated)

A Nuclear Summer? Filibuster Wars Return As Senate Considers Key Nominations

Heritage to Host Review of Supreme Court Term on July 11

More on How the FISC Justifies the Legality of Requiring Telephone Providers to Turn Over Entire Databases of Metadata

The FISA court is acting like a legislature, and that’s a problem

How to Read a Legal Opinion: A Guide for New Law Students | Orin Kerr at GWU via SSRN

Meet The Chief Justice Of America’s Secret Supreme Court

Senate Confirms Wyoming AG For Appeals Court Seat

Former Judge Admits Flaws In Secret Court

    AP: A former federal judge who served on a secret court overseeing the National Security Agency’s secret surveillance programs denied Tuesday that the judges act as “rubber stamps.” But James Robertson said the system is flawed because of its failure to allow legal adversaries to question the government’s actions.


  • Posted: 07/09/2013
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  • Category: Bench & Bar
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  • Source: hosted.ap.org

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A Proposal To Reform FISA Court Decisionmaking

    Orin Kerr at Volokh ConspiracyYesterday’s New York Times story on the secret legal opinions of the FISA court prompts a natural question: How should the FISA court reach its decisions, and how do we know it is doing so correctly? That breaks down into two questions. First, what procedures should the FISA court use to reach legal conclusions? And second, when or how should those legal conclusions be made public? The latter has received much more attention than the former. Like a lot of people, I tend to think that it wouldn’t impact national security for the FISA court to release more information about its decisions, at least in those cases when the judges consider abstract legal issues..


  • Posted: 07/08/2013
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  • Category: Bench & Bar
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  • Source: www.volokh.com

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Chief Justice Roberts Is Awesome Power Behind FISA Court

    Bloomberg: Chief justice of the U.S. is a pretty big job. You lead the Supreme Court conferences where cases are discussed and voted on. You preside over oral arguments. When in the majority, you decide who writes the opinion. You get a cool robe that you can decorate with gold stripes. Oh, and one more thing: You have exclusive, unaccountable, lifetime power to shape the surveillance state.


  • Posted: 07/02/2013
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  • Category: Bench & Bar
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  • Source: www.bloomberg.com

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“Is Gay Marriage The Product Of Judicial Activism?” | David Davenport at Forbes

Silly Attack on Judicial Selection in Kansas

High court subverts initiative process | U-T San Diego

Thinking Outside the Box of Judicial Supremacy

NOM Chairman: Imposing Same-Sex Marriage Is ‘Judicial Tyranny’ | Video

Supreme Court Names New Clerk

The Attorney General of the United States is “Delighted” That a Federal Law was Declared Unconstitutional