Latest Obamacare legal knot won’t be easy to untangle

Dueling rulings: Courts split on health law clash

Federal appeals court deals major blow to Obamacare

    Breitbart: President Obama’s un-Constitutional practice of lawlessly ignoring and rewriting laws to suit his left-wing political agenda has come back to bite his signature domestic achievement. Tuesday morning a federal appeals court dealt what USA Today describes as a “potentially major blow” to ObamaCare with a 2-1 ruling against the Obama administration’s end-run around Congress to disburse federal subsidies.


  • Posted: 07/22/2014
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  • Category: Bench & Bar
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  • Source: www.breitbart.com

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Summary procedures in the Supreme Court compared to courts of appeals

Fourth Circuit grants attorney fees in Lefemine v. Wideman case

Fourth Circuit grants attorney fees in Lefemine v. Wideman case

Academic highlight: Measuring the circuits’ success in the Supreme Court

Nebraska judge says it’s time for Supreme Court to ‘shut up’

Angry mob takes to Twitter to scream at SCOTUSBlog for Hobby Lobby decision

Final Stat Pack for October Term 2013 and key takeaways

Top law firms by practice area and region

Supreme Court clerk hiring watch: Looking ahead to October Term 2015

The Supreme Court’s other shoe

    The Washington Times: When the Supreme Court ruled last year in United States v. Windsor that Section 3 of the federal Defense of Marriage Act was unconstitutional, it announced that its “opinion and its holding are confined” to those couples “joined in same-sex marriages made lawful by the State.” Because the definition and regulation of marriage has almost exclusively been within the province of the States, the Court noted repeatedly, it violated equal protection for the federal government not to give the same recognition to same-sex marriages sanctioned by a particular state that it gave to heterosexual marriages. On that reasoning, States that choose a different policy judgment about marriage, one that would preserve marriage as an institution between one man and one woman, should remain free to do so.


  • Posted: 06/19/2014
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  • Category: Bench & Bar
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  • Source: www.washingtontimes.com

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Christie’s lawyer problem

A guide to the Supreme Court’s remaining cases

Fourteen cases remain for Supreme Court

Elmbrook and religion as ‘hazardous waste’

What we can expect from the Supreme Court next month

SCOTUS Stat Pack, October 2013

New Washington state Supreme Court Justice has extensive religious background

Looking up: Law firms show signs of growth in M&A, Corporate, Real Estate

Reinventing the law business: The first mission — to attract, train, retain, and inspire talent

Supreme Court clerk hiring watch: Are there any spots left for October term 2014?

Orin Kerr: Legal scholarship in the lean years

    Orin Kerr at The Volokh Conspiracy: “In the last five years, legal education has witnessed a dramatic reduction in demand. Applications are down, forcing many schools to shrink class size and discount tuition to attract students through “merit” scholarships (and more recently, in rare cases, across-the-board tuition cuts). With income down, schools must cut expenses, the largest chunk of which are faculty salaries. Many schools have encouraged senior faculty to retire, and faculty hiring across the board has been sharply curtailed. As I see it, we’re seeing a return to the period before the boom decade of about 1999-2009. In that window, many law schools had lots of extra cash that they spent on new buildings, better amenities and more and better-salaried professors. The boom is over, and a lot of schools are trying to adjust.”


  • Posted: 04/15/2014
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  • Category: Bench & Bar
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  • Source: www.washingtonpost.com

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Wild-card 10th Circuit judge is deciding vote in marriage cases

Obama now outpacing George W. Bush on judges

Is it Clarence Thomas’s court?

Brooklyn Law School to cut tuition by 15%

Justice Department will not prosecute retired Sixth Circuit judge

Senate confirms John B. Owens to seat on 9th Circuit

Texas Judge Costa moves to full Senate vote

N.J. chief justice could fall victim to political tides

Hawaii Senate confirms Wilson as state Supreme Court justice

Tennessee special court upholds judicial retention elections

Conservative Jim Johnson will retire from Washington Supreme Court

    Seattle Post-Intelligencer: “State Supreme Court Justice Jim Johnson, the high court’s lone outspoken conservative, announced Monday that he will retire from the court on April 30. Johnson has been absent, due to illness, for much of the court’s current term. Once a top aide to then-Attorney General Slade Gorton, he is serving his second term on the high court and would have been up for reelection in 2016.”


  • Posted: 03/18/2014
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  • Category: Bench & Bar
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  • Source: blog.seattlepi.com

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Matthew J. Franck: How Justice Clarence Thomas earned his enemies

Erwin Chemerinsky: Ginsburg should retire

    Los Angeles Times: “Justice Ruth Bader Ginsburg should retire from the Supreme Court after the completion of the current term in June. She turned 81 on Saturday and by all accounts she is healthy and physically and mentally able to continue. But only by resigning this summer can she ensure that a Democratic president will be able to choose a successor who shares her views and values.”


  • Posted: 03/17/2014
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  • Category: Bench & Bar
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  • Source: www.latimes.com

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No country for old SCOTUS justices

    James Taranto at the Wall Street Journal: “What would happen in the Senate if Ginsburg, Breyer or both retired this spring, as Bernstein advises? Unlike in 1968, the number of conservative Senate Democrats is somewhere between zero and very few, so an Obama nominee ought to be able to command a majority in a 55-45 Democratic Senate. But it could be an uncomfortable vote for those who represent heavily Republican states, especially the five of them who will face the voters in November. That’s especially true if Ginsburg and Breyer retire simultaneously, raising the appearance of concerted politicization of the court.”


  • Posted: 03/17/2014
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  • Category: Bench & Bar
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  • Source: online.wsj.com

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Will Justices Ginsburg and Breyer head for the exit?

Senate panel delays Costa for 5th Circuit Court

Former Kansas AG Kline seeks U.S. Supreme Court review of license suspension

Senate confirms Carolyn McHugh to 10th Circuit bench

Alaska Supreme Court in crossfire over how judges are nominated

Senate set to elevate Utah judge to 10th Circuit

Same-sex “marriage” tests state Attorneys General

Heritage event on state AG’s failure to defend marriage laws

Hawaii: Senators recommend confirmation of Wilson to high court

Ex-U.S. magistrate who changed baby’s name from “Messiah” censured

Judge Posner, Judge Wilkinson, and Judicial Critique of Constitutional Theory

Eric Holder: Actually, somebody does have to defend marriage amendments

    Washington Examiner: “After his speech . . . Holder returned for a question-and-answer session. Tom Horne, the attorney general of Arizona — a man who has his hands full if there ever was one — asked Holder a question. The adversarial system requires that in a lawsuit, two sides make their case, after which a judge makes a decision that everyone agrees to abide by. But on the marriage issue, Holder is advocating that one side not show up. . . . To the surprise of some listeners, Holder said yes — someone should defend a state’s marriage laws in court, and it is the attorney general’s job to make that happen.”


  • Posted: 02/26/2014
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  • Category: Bench & Bar
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  • Source: washingtonexaminer.com

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Hiring of law grads improves for some

NLJ: The go-to law schools

    National Law Journal: “We’ve ranked the top 50 law schools by the percentage of 2013 law school graduates who took jobs at NLJ 250 firms—the nation’s largest by headcount as identified in The National Law Journal’s annual survey. We’ve also identified the law schools that saw the most alumni promoted to partner during 2013, and compared how each law school’s cost compares to its large firm hiring record.”


  • Posted: 02/24/2014
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  • Category: Bench & Bar
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  • Source: www.nationallawjournal.com

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27 liberal groups oppose Obama judicial nominee

NJ bar group backs chief justice, warns governor

Governor names Michael Wilson to Hawaii Supreme Court

American courts using foreign law that incorporates religious law

    Eugene Volokh at The Volokh Conspiracy: “While American courts cannot and should not decide what sharia calls for (as I argued in the preceding post), and thus cannot enforce contracts that call for the application of sharia, American courts rightly do consider the law of foreign countries that apply sharia. In doing so, courts don’t purport to decide what Islamic law actually requires, or risk taking sides in intradenominational debates (or other debates) within a religion (which would potentially endorse one or another religious view, or discriminate among religious observers). They simply try to identify what law would be applied by the courts of the foreign country, whether that country is Saudi Arabia, Israel or Greece.”


  • Posted: 02/19/2014
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  • Category: Bench & Bar
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  • Source: www.washingtonpost.com

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Cameras in the Supreme Court? Not so fast

Judicial nominations debate looms after recess

Ads push cameras in Supreme Court

Eugene Volokh on sharia law in American courts

    The Volokh Conspiracy: “In my experience, much of the criticism of the use of Sharia in American courts has come from the political Right. And I myself am generally a political conservative, and one who shares some of the concerns about the use of Islamic law in certain contexts. . . . Nonetheless, I think many other complaints about incidents of alleged ‘creeping Sharia’ in American law are misguided, partly because the complaints miss the way those incidents simply reflect well-settled (and sound) American law.”


  • Posted: 02/18/2014
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  • Category: Bench & Bar
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  • Source: www.washingtonpost.com

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Scalia laments removal of religious ideals from public education

    Chicago Tribune: Scalia said that among his concerns is the removal of religious ideals from public education. ‘Let me make clear that I am not saying that every good American must believe in God,’ Scalia said in a speech at the Union League Club. ‘What I am saying, however, is that it is contrary to our founding principles to insist that government be hostile to religion. Or even to insist, as my court, alas, has done, that government cannot favor religion over nonreligion.’”


  • Posted: 02/17/2014
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  • Category: Bench & Bar
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  • Source: articles.chicagotribune.com

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Gov. Jerry Brown puts deep imprint on California judiciary

Interest groups gear up for next Supreme Court vacancy

    NPR: “Republicans are growing increasingly confident that they can win control of the Senate this fall — and with it the power to block, or at least bedevil, Obama’s efforts to fill potential Supreme Court vacancies during his last two years in office. That prospect means that interest groups including the National Rifle Association, the conservative Committee for Justice, and the liberal People for the American Way are starting to fire up their message machines in what all view as a singular opportunity to shape the high court going forward, given its current makeup.”


  • Posted: 02/13/2014
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  • Category: Bench & Bar
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  • Source: www.npr.org

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Supreme Court Rule 28.8 may be invalid

Brennan seeks Montana Supreme Court seat

Assessing the Chief Justice’s self-assignment of majority opinions

    Amanda Frost at SCOTUSblog: “One of the Supreme Court’s (many) unwritten rules is that the Chief Justice selects the author of any opinion in which he is in the majority. In a recent article in Judicature, Linda Greenhouse analyzes the use of this prerogative by Chief Justice John Roberts and finds that, like many Chief Justices before him, he assigns himself the opinion more often in high-salience cases, and in particular those in which the Court is closely divided.”


  • Posted: 02/07/2014
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  • Category: Bench & Bar
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  • Source: www.scotusblog.com

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State AGs shirk their duty to defend state laws

Toal wins historic duel for SC chief justice post

President Obama to nominate Cheryl Ann Krause to 3rd Circuit

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