The Supreme Court’s Key Role in Polarizing American Politics

Republicans Tap New Talent to Argue Key Campaign Case

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

KY Court Says Spousal Privilege Does Not Apply Vt. Civil Union

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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Senate Democrats Not Hearing from Ted Cruz’s Grassroots Army Yet

“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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“Senate unanimously confirms first openly gay federal circuit judge”

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

About 2,000 petitions await Supreme Court’s return

Obama Makes Another Judicial Nomination Push

Abortion Nation: America is only 1 of 4 countries to allow abortions post-viability.

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

NM: “Clerk raises $28,400 for gay marriage fund”

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

AZ high court tosses new judge nomination law

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

A conversation with William Lamb, defense attorney in gay marriage federal lawsuit

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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Republican lawmakers hire attorney for same-sex marriage legal battle

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

    Above the Law: Over the last two decades, a dedicated Supreme Court bar has gained prominence, focusing on arguing the increasingly few cases before the justices each term. These lawyers face fierce competition in persuading clients to hire them, participating in a not-so-glamorous competition known in the industry as a “beauty contest.”


  • Posted: 09/10/2013
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  • Category: Bench & Bar
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  • Source: abovethelaw.com

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RU-486 at the Supreme Court

America’s Declining Commitment to Self-Government | Carson Holloway at Public Discourse

Scalia: Traditional Christian virtues essential to capitalism

“Same-sex marriage fuels debate over path to change”

Why Not Two or Three Years of Law School | Ed Whalen at NRO

Biden: “I Think Janet Napolitano Should be on the Supreme Court of the United States”

Judge Wilkins Faces Different Senate Confirmation Process

Kansas: Court appointment adds fuel to conservatives’ fire to change selection process

Former Pennsylvania Supreme Court justice will help defend marriage law in federal lawsuit

The Last Stand: The Fight of State AGs to Preserve Federalism | Heritage Foundation

“The First Private Gay Law Firm In Louisiana”

Christie says Supreme Court justice Helen Hoens would not get a fair hearing

Law School Offers Two-Year Program That Works Around ABA Accreditation Monopoly Barriers

D.C. Circuit Nominee Pillard’s False and Deceptive Testimony—Part 1 | Ed Whelan at NRO

Practice-Ready Law School Graduates: A Millennialist Fantasy

President Obama and Compliance with Domestic Versus International Law