by Beverly Mannoriginally posted at The Annarborist Elena Kagan vs. Pat Lykos Dahlia Lithwick, in Slate writes: At the Citizens United [v. Federal Election Commission] argument last fall, Roberts openly criticized Kagan for abandoning one rationale for restricting corporate campaign spending and then pummeled her again in his concurring opinion in the case, dismissing the […]
by Beverly Mannoriginally posted at the Annarborist Paul Clement, In Appreciation Each year as the Supreme Court’s term ends in late June, Slate’s main legal-issues writer, Dahlia Lithwick joins with Walter Dellinger, head of mega law firm O’Mebeny & Meyers’ national appellate practice, and a former head of the Office of Legal Counsel in the […]
by Linda Bealecrossposted with Ataxingmatter The Supreme Court’s Decision in In re Bilski:: does it allow tax patents or not? The Supreme Court handed down its decision in Bilski Monday, holding, as almost everyone had predicted, that the hedging process that was the subject of the Bilski claim was unpatentable. Download Bilski at SCOTUS 08-964. […]
by Beverly Mannoriginally posted at The Annarborist A Caveat, Walter Dellinger “In Skilling (ably explained by Paul’s posting), my law firm colleagues pressed the argument that the statutory crime of denying anyone of the “intangible right of honest services” was unconstitutionally vague unless it was sharply limited to bribery and kickbacks. Given that the honest-services […]
by Beverly Mannoriginally posted at The Annarborist A Blueprint for Avoiding the Younger v. Harris ‘Doctrine’ In Some Cases The U.S. Court of Appeals for the 3rd Circuit last month enjoined a Pennsylvania county prosecutor’s office from indicting teenage girls who had sued in federal court because their county’s prosecutor was threatening “sexting” indictments unless […]
Rdan here…In a 2007 case, the conservative majority overturned voluntary racial integration programs in Seattle and Louisville, Ky. Earlier this year, in the Citizens United campaign-finance case, the court’s conservatives struck down a federal law that prohibited corporations from spending on federal elections. Both relied on interpretation of vaguely worded constitutional guarantee. by Beverly Manncrossposted […]
La Dolce Vita blog from Arizona points us to a SCOTUS decision: Ever since Gore v Bush it has become apparent that the US Supreme Court has taken it upon themselves to occasionally decide the outcome of US elections. Yesterday they demonstrated this ability again when they decided to block funding for three of the […]
by Beverly Mann A Gap Not In Time But In Judicial Veracitycrossposted with The Annarborist “Talk of judicial activism tends to focus on results, but the Guggenheim case shows that maybe we should talk a little bit more about method.”—Doug Kendall and Elizabeth Wydra, “Torturing the Law: Jay Bybee models conservative judicial activism in the […]
No wonder Brad DeLong has had no luck persuading Christopher Edley to get rid of the malfeasant John Yoo. As Bob Somersby observes: Christopher Edley thinks he’s one of your “betters.” It’s hard to believe, but that’s the exceptionally low-IQ framework this self-proclaimed member of the elite enunciated in Sunday’s piece. According to Edley, rubes […]
by Divorced one like Bush For this post I will formally introduce myself. I am Daniel J. Becker. It is only proper and just to do so. I am using Mr. Greenwalds discussion only as a platform to add my thoughts regarding the Citizens United decision. Also this is a long read. So I’ll give you […]