Relevant and even prescient commentary on news, politics and the economy.

Individual caps on political contributions

From the NYT …the Supreme Court on Tuesday agreed to hear a new campaign finance lawsuit that challenges long-established federal caps on the total amount an individual can contribute to federal campaigns in a two-year cycle. In a ruling last year, a special court in Washington correctly upheld those limits, which in some form have been […]

Even The Tragicomical Newly-Released Supreme Court ‘Cert. Grant’ Statistics Don’t Reveal The Worst Of It

From a website called Daily Writ today, in a post called “Likelihood of a Petition Being Granted”: There are a lot of numbers thrown out about the likelihood of a cert. petition being granted. The number I’ve always heard is 1%, but I sometimes hear numbers as high as 5%. According to statistics from the […]

The Rightwing Supreme Court Justices’ Fair-Weather "State Sovereignty” Canard

Two days ago, Dan posted an entry by run75441 titled “SCOTUS Chastises Congress and the Executive Branch.”  The post’s title wasn’t quite accurate; run’s post was about Chief Justice John Roberts’ annual state-of-the-judicial-branch report, in which he was writing in his capacity as administrative head of that branch, not in his actual judicial capacity, and […]

An Editorial on Robert Bork and his Legacy

On Wednesday, December 19, 2012 Robert Heron Bork died at age 85.  I did not mourn. Bork first became infamous in 1973 for his role in the “Saturday night massacre” when as Solicitor General, the number three position in the Justice Department, he carried out, under President Nixon’s orders, the firing of Watergate Special Prosecutor […]

FOLLOW-UP to, “Do ‘Right to work’ Laws Violate the Constitution’s Contracts Clause?”

Last night, in a comment to my post from Tuesday, “Do‘Right to Work’ Laws Violate the Constitution Contracts Clause?”, reader PJR wrote: To a non-lawyer, it kinda looks like SCOTUS rejected the contracts argument in 1949, so unions would have to find someway to get the court(s) to reconsider–or is this wrong? If wrong, why […]

Brands and generics pharmaceuticals…

The case is Federal Trade Commission v. Watson Pharmaceuticals et al, No. 12-416.   Via the New York Times comes this note: Last year, for the third time since 2003, the 11th Circuit upheld the agreements as long as the allegedly anticompetitive behavior that results — in this case, keeping the generic drug off the market […]

Religious freedom, contraception, and law

Lifted from a note from Beverly Mann in response to a query of mine, as a note of interest: Here’s a link to a long Politico article on those cases and on the prospects of their success: http://dyn.politico.com/printstory.cfm?uuid=67901EA4-2955-4FD7-A52E-1E8CB0EA8E56 Apparently, it looks like the Supreme Court eventually will hear two or three of these cases, probably […]

More corporate First Amendment Rights?

Via Truthout comes this report from PR Watch: In a new lawsuit against the Securities and Exchange Commission (SEC), big energy extractors are pushing for carte blanche in their interactions with foreign governments, making it harder to track whether their deals are padding the coffers of dictators, warlords, or crony capitalists. The United States Chamber of […]

Scotusblog roundup…fyi

Beverly Mann makes Scotusblog roundup again: Monday’s oral arguments in Kiobel v. Royal Dutch Petroleum continued to generate press yesterday. Coverage of the arguments comes from Jess Bravin of the Wall Street Journal, Garrett Epps at The Atlantic, Alison Frankel at Thomson Reuters, Steven D. Schwinn at Constitutional Law Prof Blog, Trey Childress at PrawfsBlawg, Julia […]

Justice Scalia’s Super Body (And, no, it has nothing to do with the Constitution’s Free Exercise Clause. Really.)*

First, Justice Anthony Kennedy wants to know what possible connection there is between Esther Kiobel, the wrongs she says unfolded in Nigeria, and the United States. The answer the plaintiffs’ lawyer, Paul Hoffman, gives is that his clients live here because the U.S. government gave them asylum. Also, Royal Dutch Petroleum does plenty of business […]