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  • Swift Boat Watch: Judicial Confirmation Network

    See all Swift Boat Watch entries here. Who They Are: Judicial Confirmation Network Purpose: The group supports conservative nominees to the Supreme Court. In this election, they oppose Barack Obama. President: Gary Marx, former coalitions director for Bush-Cheney 2004 and Mitt Romney. Funding: The group is a registered 501(c)4, funded through ...
    Posted to Trailhead (Weblog) by Abby Callard on October 8, 2008
  • Roe as Consensus?

    Sarah Palin striking out on Supreme Court cases she doesn't like, other than the old faithful Roe v. Wade, is painful television. Joe Biden's answers to the same set of questions from Katie Couric seemed odd for a different reason. Biden said he supports Roe, “Because I think it’s as close to a consensus that can exist in a society as ...
    Posted to The XX Factor (Weblog) by Emily Bazelon on October 2, 2008
  • Hillary Holdouts: Don't Come Running Home on My Account

    Dahlia, when you're right, you're right; just walking around with a uterus is enough to get you committed in the court of public opinion, so why perpetuate the whole woman-scorned stereotype with self-destructive, Bat-lady behavior? Yes, rage is its own (and only) reward. But Medea never gets a night off; crazy is a full-time job.   I do ...
    Posted to The XX Factor (Weblog) by Melinda Henneberger on August 21, 2008
  • The Election and the Supreme Court—Possible Vacancies Ahead?

    Right at this moment, the Supreme Court is not an issue in the campaign, although partisans on both sides will no doubt keep trying to make it one as we get closer to November.  One reason the court is not an issue right now is that the chief justice has done a superb job of lowering the court's profile. It's hard to get the nation ...
    Posted to Convictions (Weblog) by Doug Kmiec on July 7, 2008
  • Hills of Beans

    Hi, Orin, the Supreme Court's role is modest on some fronts, yes—I agree that deciding that child rapists can't be executed is not of the same order as upholding the death penalty in the first place. Or that outlawing one method of late-term abortion isn't up there with Roe. But in other areas, the court looks bigger to me, and the disagreements ...
    Posted to Convictions (Weblog) by Emily Bazelon on July 2, 2008
  • Boumediene and Extraterritoriality

    In holding that the reach of the Constitution is to be measured functionally, not formally, a majority in Boumediene resolves a question previously muddled by plurality opinions.   Whether U.S. agents must adhere to the U.S. Constitution when acting outside U.S. territory is a question various courts have answered in different ways. As ...
    Posted to Convictions (Weblog) by Diane Marie Amann on June 12, 2008
  • Six Years in the Desert

    David, you're right: Kennedy's opinion in Boumediene calls Congress out. Hey, you want to suspend habeas, go ahead, but we're not going to let you back into it by mumbling about jurisdiction-stripping. Which makes it striking that in the opening of his dissent, Chief Justice Roberts attacks by asserting that ''this decision is not ...
    Posted to Convictions (Weblog) by Emily Bazelon on June 12, 2008
  • Another Supreme Court Smackdown

    This just in via SCOTUSblog—the Supreme Court decided today in a 5-4 opinion that detainees at Guantanamo Bay could bring petitions for habeas corpus in federal district court. As Jeff Toobin just said on CNN, this marks the third time (more if you count each individual opinion) that the Supreme Court has taken the Bush administration to the ...
    Posted to Convictions (Weblog) by Phillip Carter on June 12, 2008
  • Standard of Proof

    Like many corporate law and business law decisions, yesterday's Supreme Court decision in Allison Engine Co. v. United States ex rel. Sanders was virtually ignored by the media and blogosphere. Neither the New York Times, Washington Post, nor even the Wall Street Journal even mentioned it in their daily dispatches, choosing to focus ...
    Posted to Convictions (Weblog) by Phillip Carter on June 10, 2008
  • "Tremé" & Plessy

    I know I am not an American citizen in the eyes of the powers that be. With these words the story of a historic New Orleans neighborhood comes full circle. It was in this neighborhood that even before the Civil War hommes de couleur libré—free people of color—led lives of style and culture. It was in this neighborhood that fiery journalists ...
    Posted to Convictions (Weblog) by Diane Marie Amann on June 7, 2008
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