Fixing Law Reviews

4th Circuit shedding conservative reputation

Judicial Usurpation: Then and Now | Robert George and David L. Tubbs at NRO

    Robert George and David L. Tubbs at NRO: For this reason and others, the Court should, absent a constitutional amendment defining marriage one way or the other, respect the constitutional allocation of powers and principles of American federalism and allow each state legislature to make policy in this area. The Court should be equally deferential to state referenda (such as Proposition 8 in California) and the 30 amendments to state constitutions that define marriage as the union of one man and one woman. These initiatives are constitutionally legitimate and reasonable policy measures, launched largely because of the provocations of state-supreme-court judges who have redefined marriage for the people of several states. Whatever the liberal pundits have been saying since Election Day, the redefinition of marriage throughout the United States is not “inevitable.” And if the Supreme Court were to invalidate Proposition 8, it would be an act of judicial usurpation even more egregious than its abuse of power in Eisenstadt.


  • Posted: 11/19/2012
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  • Category: Bench & Bar
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  • Source: www.nationalreview.com

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Marriage, Direct Democracy and the Supreme Court | Jurist

Stanford Starts Religious Liberty Clinic

Alito Defends ‘Citizens’ in Speech to Federalist Society

Update! Kansas Supreme Court Staffer Attacking Phill Kline Has Been Dismissed

Top 10 reasons against Roe v. Wade | LiveAction News

    Rebecca Downs at Live Action News: Wednesday night, Students for Life of America’s group, Law Students for Life, and Harvard Right to Life held a debate, as part of the Law Students for Life tour. The debate was titled “Should Roe Survive Another 40 Years?” The event was broadcast live via USTREAM, and it is still up on the “Resources” section of the Law Students for Life website for those who are interested . . . Instead, the event first featured a presentation from Steve Aden, from Alliance Defending Freedom, followed by Professor Teresa Collett, of the University of St. Thomas School of Law. Now, I consider myself someone well-versed in the pro-life movement and the Roe v. Wade decision. However, there was much I learned from Aden’s carefully crafted presentation, which started off with the premise that Roe v. Wade is the single worst decision the Court has made and is a Supreme Court decision that the pro-choice side has never been able to get the other side to fully accept. The rest of his presentation involved the top-ten reasons to support his premise. The following portion of the article is my recounting of Aden’s reasons and explanations.


  • Posted: 11/16/2012
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  • Category: ADF in the News
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  • Source: liveactionnews.org

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Moderate Senate Republicans Fall Off Their Own Cliff

    Stuart Benjamin at the Volokh Conspiracy: The most commonly used scores for ideological distance are DW-Nominate scores, based on representatives’ actual votes. These measures reduce various flavors of “liberal” and “conservative” to a single metric, but they are the scores most widely used and trusted by political scientists and political commentators because they measure virtually all the actual votes in a careful and rigorous way. As many people have noted, there used to be lots of ideological overlap between the parties, and lots of moderates in both parties, but there is less overlap, and in particular there are fewer moderate Republicans.


  • Posted: 11/16/2012
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  • Category: Bench & Bar
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  • Source: www.volokh.com

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The Future Interpretation of the Constitution as a Result of the Reelection of President Barack Obama | Wilson Ray Huhn at SSRN

    Huhn, Wilson Ray, The Future Interpretation of the Constitution as a Result of the Reelection of President Barack Obama (November 13, 2012). Available at SSRN: http://ssrn.com/abstract=2174934

    On November 6, 2012, Barack Obama was reelected President of the United States. What effect will this have on the future interpretation of the Constitution? This article identifies 19 areas of constitutional law that would likely change if one more liberal justice is appointed to the Supreme Court.


  • Posted: 11/16/2012
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  • Category: Bench & Bar
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  • Source: papers.ssrn.com

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NYC churches helping Sandy victims still face eviction | Alliance Defending Freedom

6th Circuit: Michigan voter approved restrictions on affirmative action are unconstitutional

The courts and public opinion: Klarman examines the legal fight for same-sex marriage

Sotomayor: Nominees face tough scrutiny

Pennsylvania Judges Claim Mandatory Retirement Violates Equal Protection Clause

    Dechert LLP: Six Pennsylvania judges filed a lawsuit today in Harrisburg claiming that a provision of the Pennsylvania Constitution, which mandates all Pennsylvania justices and judges retire at the end of the calendar year in which they turn 70, violates their rights under the Equal Protection and Due Process clauses of the Fourteenth Amendment to the United States Constitution and under Article I of the Pennsylvania Constitution.


  • Posted: 11/15/2012
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  • Category: Bench & Bar
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  • Source: www.dechert.com

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Republicans Split on Judicial Nominees: Some in GOP want to confirm more of president’s nominees

    Roll Call: Hatch’s position, however, is not shared by all his Republican colleagues. The list of stalled nominees includes several who have the strong backing of their home-state Republican senators. Sens. Susan Collins of Maine and James M. Inhofe of Oklahoma, for example, are pressing for confirmation votes in the post-election session.


  • Posted: 11/15/2012
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  • Category: Bench & Bar
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  • Source: www.rollcall.com

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Harkin nominates women for 8th Circuit

How Will KS Supreme Court Rule in Phill Kline’s Potential Disbarment for Abortion Investigations?

    Life Legal Defense Foundation Executive Director Dana Cody and Legal Counsel Tom Condit will be available for media interviews immediately following former Kansas Attorney General Phill Kline’s oral arguments before the Kansas Supreme Court this Thursday. Representing the Kansas Bar, Stanton Hazlett has accused Mr. Kline of ten violations of the Kansas Rules of Professional Conduct in relation to Mr. Kline’s criminal investigation of abortion providers Planned Parenthood and the late Dr. George Tiller.


  • Posted: 11/15/2012
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  • Category: Bench & Bar

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S.D. Fla.: “Obama Nominates Out Gay Black Judge To Federal Bench”

President Obama Nominates Seven to the United States District Courts

Governor Brownback, Kansas Legislators Called Upon to Support Phill Kline in Court

SCOTUS Conference on Marriage Cases Reset to Nov. 30th

Pro-Abortion Eugenics is Alive and Well in 2012

“Grand Rapids lawyers head national committee aimed at establishing gay marriage rights”

    MLIVE.com: Roane and Thacker, both of whom are gay, are co-chairs of the Lesbian-Gay-Bisexual-Transgender/Alternative Family Committee of the American Academy of Matrimonial Lawyers. The group’s primary target is the federal Defense of Marriage Act, which they say throws a wrench into one state’s ability to honor gay marriage vows that were made in another state or country.


  • Posted: 11/13/2012
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  • Category: Bench & Bar
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  • Source: www.mlive.com

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Kline disciplinary case goes before Kansas Supreme Court

Dems, Gop Fight Brewing Over Curbing Filibusters

“What did Supreme Court hear about same-sex marriage on Election Day?”

“The Lincolnian View of Same-Sex Marriage” | Cass Sunstein at Bloomberg

Democrats look for more control over Senate committees

Challenging unions’ First Amendment violations: Knox case sets precedent for state bar association

    Washington Times: Last month, Scott Lautenbaugh, an Omaha attorney and Nebraska state senator, filed a lawsuit against the Nebraska State Bar Association in federal district court in Omaha. Days later, Mr. Lautenbaugh sought a preliminary injunction and to certify his case as a class action. Mr. Lautenbaugh is an outspoken opponent of the bar’s use of member dues for political and ideological purposes. In fact, he filed a petition with the Nebraska Supreme Court asking that it “de-integrate the bar,” that is, make membership in the bar voluntary.


  • Posted: 11/13/2012
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  • Category: Featured
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  • Source: www.washingtontimes.com

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7 BigLaw Firms to Work for if You Want the Big Bucks

Eugenics Still Alive and Well in 2012| Mike Norton at the American Thinker

Clinton to Step Down Probably ‘Days’ After Inauguration

Three Florida State Supreme Court Justices Could Leave the Bench

    FedSoc Blog: On Monday, November 5, SLF, on behalf of another Florida citizen and taxpayer, filed an original action in the Florida Supreme Court asking the Court to issue a writ of quo warranto regarding the actions of Secretary of State Ken Detzner in determining the Justices “qualified” to be placed on the ballot. The argument is not one of conduct, but instead contends that none of the three justices lawfully qualified for the retention election and that the secretary of state failed to properly carry out his constitutional and administrative duties in the matter.


  • Posted: 11/09/2012
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  • Category: Featured
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  • Source: www.fedsocblog.com

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ABA Recognizes LGBT Lawyers with Stonewall Awards

Supreme Court Weighing Genetic Privacy

Republican Tim Fox wins race for Montana Attorney General

“Democracy and Gay Marriage: Voters are changing as the culture shifts”

Senate, House Dems face tough election fundamentals in 2014

In Law School Talk, Eric Holder Assesses His Future Plans

Presidential Preferences of George Mason Law Students

Voters retain all AZ judges

Win Offers President Time to Shape Court | Jess Bravin at WSJ

“States’ Votes for Gay Marriage Are Timely, With Justices Ready to Weigh Cases” | Adam Liptak at NYT

    Adam Liptak at NYT: The victories for same-sex marriage on Tuesday, the first ones achieved at the ballot box rather than through courts or legislatures, are evidence of a remarkable shift in public opinion. They are also exceptionally timely data points for the Supreme Court . . . The justices tend to say they are not influenced by public opinion. But they do sometimes take account of state-by-state trends, and the latest developments will not escape their notice . . . “It bolsters our case,” said Brian S. Brown, the president of the National Organization for Marriage. “It’s very difficult to say you need a federal resolution of this question if states are resolving it for themselves.”


  • Posted: 11/08/2012
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  • Category: Featured
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  • Source: www.nytimes.com

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President Barack Obama’s victory is good news for two judicial nominees in Oklahoma

Ohio Supreme Court: 2 incumbent justices sent packing by voters

Obama Victory Could Spell End Of Conservative Supreme Court

Washington: McCloud wins state Supreme Court seat; foils Sanders’ comeback bid

Alabama: Roy Moore wins chief justice race

3 Florida justices win retention bids

Scalia on Restoring Constitution: ‘I Don’t Know That I’m Optimistic’ (includes video)

Ballot Votes to Watch

“Iowa vote seen as gay marriage test”

Wash. bar pushing marriage redefinition with fees of objectors | Alliance Defending Freedom

WA: 42 attorneys object to state bar association’s support of Ref. 74, the bar responds

    Seattle Times: In a letter responding to the members, the board’s president said the organization has consistently found that issues like Ref. 74 do affect the practice of law and the administration of justice. It said Keller does not prohibit the bar from taking positions on any issue, but rather forbids it from using mandatory member fees to support such positions. It offered the attorneys the option of deducting from their dues an amount ranging from 98 cents to $6.40 . . . Bellevue attorney Chris Evans, who wrote the letter on behalf of the others, called the board’s endorsement “mission creep.” | The Washington State Bar Response Letter


  • Posted: 11/05/2012
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  • Category: Featured

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Moore, Vance battle for Alabama chief justice

IN: Opposition Mounts To Retaining State Supreme Court Justice

U.S. Supreme Court: Pro-Life Demonstrator Was Prevailing Party for Attorney Fee Award

Nevada Judge Seeks Go-ahead In Abortion Case

The Sound New Social Science Judges Should Heed | Matthew J. Franck at National Review

    Matthew J. Franck at National Review: Regnerus’s research exploded the “no differences” thesis to which advocates of same-sex marriage have clung–that is, the thesis that children do just as well being raised by parents in such relationships as they do being raised by their own biological, married parents who stay together for the long haul. Furious at his dissent from their unwarranted “consensus,” Regnerus’s critics lashed out at him with everything from reasonable (but misplaced) criticisms of his research to vicious attacks on him as a person. One of the more temperate critics of Regnerus has been David Blankenhorn of the Institute for American Values . . .


  • Posted: 11/01/2012
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  • Category: Marriage & Family
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  • Source: www.nationalreview.com

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“Romney’s Gay-Marriage Boost in Iowa: Social conservatives turning out to remove a judge may deliver the state to Romney.”

ACLU of Indiana Challenges Marion County Judicial Election System

Circuit Split Watch: Former Federal Judge Seeks Restitution for Child Porn Victims

At D.C. Pro Bono Celebration, New York Judge Defends Bar Admission Rule

Iowa joins Texas in warning international observers of arrest

FBI investigating Michigan Supreme Court Justice Diane Hathaway

What Nov. 6 means for the Supreme Court | Erwin Chemerinsky at LA Times

Republicans target three Florida Supreme Court justices

Michigan’s Supreme Showdown: Unions try to depose conservative justices at the ballot box.

Irked at Loss in Commandeering Cases, John Paul Stevens Proposes Constitutional Change

Judges who redefine marriage will answer to the ‘We the People’ | Alan Sears at the Washington Times

Speaker: Supreme Court decisions push U.S. toward secularism | TribLive