tag:blogger.com,1999:blog-84271502011-12-12T22:12:14.911-05:00Columbia Law School: Federalist Society Blog!SlickRickshttp://www.blogger.com/profile/06718282378216982881noreply@blogger.comBlogger2421100tag:blogger.com,1999:blog-8427150.post-3593157181383893412009-07-03T20:52:00.006-05:002009-07-05T22:28:45.982-05:00

In the speech announcing that she would be stepping down as Alaska governor by the end of July, Gov. Sarah Palin cited several accomplishments by her administration. One that she noted may be of particular interest to those who identify with a federalist philosophy of the Constitution: Another accomplishment – our Law Department protected states’ rights – two huge U.S. Supreme Court reversals

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-63416722961163458852008-01-31T17:26:00.000-05:002008-01-31T17:28:00.348-05:00

"Threat Alert Jesus" is a pretty funny satire until you realize that some people would probably actually buy one of these things, and then it becomes scary.

SlickRickshttp://www.blogger.com/profile/06718282378216982881noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-68194500664112350642008-01-31T17:23:00.000-05:002008-01-31T17:25:08.907-05:00

Though almost nobody has been using (or viewing) this blogspace recently, here was a recent item that caught my eye. A poetically brilliant display of the efficacy of government (image).

SlickRickshttp://www.blogger.com/profile/06718282378216982881noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-56815477936840250582007-09-24T14:10:00.001-05:002007-09-25T09:50:45.442-05:00

Having seen almost all of Ahmadinejad Fest '07 here at Columbia, I personally believe that the event was a huge success for both Columbia University and all who oppose Ahmadinejad's policies alike. In my opinion President Bollinger really hit the nail on the head with his introductory remarks; he invoked the need for an open intellectual debate to truly disarm malignant ideas, while unabashedly

SlickRickshttp://www.blogger.com/profile/06718282378216982881noreply@blogger.com3tag:blogger.com,1999:blog-8427150.post-64467868760890928982007-09-24T11:20:00.001-05:002007-09-24T12:30:20.785-05:00

Though there is much uncertainty in the outcome of today's event on Columbia's reputation, I am personally proud of the way that Columbia as a whole is handling this volatile situation. After last semester's unfortunate incident involving the controversial head of the Minutemen and the ensuing counter-rally, there is a lot of pressure on Columbia to protect the integrity of the academic forum it

SlickRickshttp://www.blogger.com/profile/06718282378216982881noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-56328357011952965282007-09-21T16:05:00.000-05:002007-09-22T16:22:10.660-05:00

At National Review's Corner, Jonah Goldberg recommends to readers to "Sign up now for cheatneutral.com." The British site proposes to neutralize one party's infidelities by selling "offsets," in the form of another person's promise not to cheat. Jealousy and heartbreak are a natural part of modern life. And sometimes, no matter how hard we try, it's just not possible to be faithful. At

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-70882228144402050432007-09-19T15:05:00.000-05:002007-09-19T15:10:25.899-05:00

Professor/Judge/Writer/Philosopher Richard Posner had some interesting things to say about the law and the legal profession in the context of a piece commemorating his late colleague Bernard Meltzer. Check it out if you're interested in legal academia, and the role you might play in the development of the law.

SlickRickshttp://www.blogger.com/profile/06718282378216982881noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-78524735473585295492007-09-17T11:31:00.000-05:002007-09-17T11:40:34.348-05:00

Today is Constitution Day, and unlike the 4th of July, federal employees are at work and law students are in school...some holiday. Despite the Federal Government's refusal to celebrate it's own birth on the appropriate day, Columbia University is presenting a special exhibit of manuscripts from its John Jay collection, which will be displayed in the Rare Book and Manuscript Library on the 6th

SlickRickshttp://www.blogger.com/profile/06718282378216982881noreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-8259612447634268372007-09-10T23:05:00.001-05:002007-09-11T09:21:23.838-05:00

During his ACS-sponsored visit to Columbia Law School, Akin Gump partner and Supreme Court litigator Tom Goldstein briefly spoke about appealing the D.C. Circuit's invalidation of Washington, D.C.'s restrictions on gun ownership. His strategy is three-pronged: 1) argue that the Second Amendment is not an individual right, but rather attached to the formation of a militia -- a hoary and well-trod

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-89988313164177198172007-09-06T19:46:00.001-05:002007-09-08T00:03:58.703-05:00

The New York Times ran two op-eds this past week with rather different views about consensual sexual activity. Sunday's piece by nonfiction author Laura M. MacDonald summarized a 1970 dissertation by Laud Humphreys called "Tearoom Trade: Impersonal Sex in Public Places." It criticizes the use of law enforcement resources to arrest and prosecute men who solicit other men for sex in public places,

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-59914482699553097242007-09-06T08:46:00.001-05:002007-09-06T09:08:04.225-05:00

Welcome to all you first-timers who have just found their way to Ex Post. To those of you who have been here, thanks for coming back.We here at the CLS Federalist Society are really excited about Ex Post for this upcoming year. Hopefully, Ex Post will be able to serve as a forum and opportunity to exchange ideas, advice, classroom strategies, or simply engage in some healthy debate. Our main

SlickRickshttp://www.blogger.com/profile/06718282378216982881noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1172533601871531452007-02-26T18:34:00.000-05:002007-02-26T22:23:43.796-05:00

Amanda, Mike, Brandon, Ryan (Chapman Law School) and Kelly More pictures after the jump!Rachel, Brandon, Amanda and KeithJudge Pryor's Keynote AddressDennis (President, Northwestern Fed Soc Chapter) and AmandaAmanda and Sarah Roderick (Associate Director, Student Division)Amanda, Mike, Christina and Brandon

Steelehttp://www.blogger.com/profile/17937325817205681460noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1172213040668379552007-02-23T01:31:00.000-05:002007-02-23T01:44:00.700-05:00

Having once started, I can't seem to stop linking news about Wisconsin Hmong: The head of the University of Wisconsin-Madison Law School issued an apology for derogatory comments that a longtime professor allegedly made in class.A student said professor Leonard Kaplan, who has been at UW-Madison since 1974, made the comments in class on Feb. 15.According to an e-mail from law student Kashia Moua

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1172187125420149352007-02-22T18:30:00.000-05:002007-02-27T13:45:02.763-05:00

This post is the next installment in part of an ongoing exchange between Fed Soc and ACS. This installment focuses on the shortcomings of Good Samaritan Laws and their potential negative affect on American culture and the American legal system.The biblical parable of the Good Samaritan is used to teach the virtue of helping someone in need. But, does this virtue carry over to our legal system?

Steelehttp://www.blogger.com/profile/17937325817205681460noreply@blogger.com3tag:blogger.com,1999:blog-8427150.post-1170355826806581622007-02-01T13:46:00.000-05:002007-02-01T14:01:27.396-05:00

The split of power between the states and the federal government is the first of the core issues we hope ACS and FedSoc members will discuss in our new project of cross-group dialogue and debate. The following do not represent the views of FedSoc (or even myself necessarily), but are meant to spur on debate over critical issues facing the legal world today.When one thinks of the advantages that

SlickRickshttp://www.blogger.com/profile/06718282378216982881noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1170355591431104992007-02-01T13:41:00.000-05:002007-02-01T14:06:14.196-05:00

The appropriate role of markets and judicial management is the second in our series of core issues we hope to encourage FedSoc and ACS members to discuss.One of the most important conservative thinkers, and often one of the most overlooked, Friedrich von Hayek wrote about the problems of central planning and central management of markets. The problem is essentially the lack of a price signal to

SlickRickshttp://www.blogger.com/profile/06718282378216982881noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1170355253247041472007-02-01T13:25:00.001-05:002007-02-01T14:04:15.330-05:00

A conception of property rights is the third in our series of core issues we hope Columbia ACS and FedSoc members will take up in mutual discussion.While an appropriate Federalist position may consist of only one citation (Kelo), there are some more fundamental problems associated with "efficient uses" of property, as defined by a government instead of the market. Setting aside the issue of

SlickRickshttp://www.blogger.com/profile/06718282378216982881noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1170380019698883642007-02-01T08:22:00.000-05:002007-02-01T20:33:39.730-05:00

As I was below, TNR has an interesting article about the Hmong-American community and its leader. THE ST. PAUL WARLORD.Hmong Friendsby Joshua KurlantzickPost date 01.29.07 | Issue date 02.05.07 Discuss this article (2) St. PAUL, MINNESOTAMost nights, the streets of Maplewood, a Twin Cities suburb, resemble a tableau from "A Prairie Home Companion." Kids toss footballs in front of red and

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1170275846746941182007-01-31T15:33:00.000-05:002007-01-31T15:37:26.763-05:00

Given the many ways in which abortion opponents are trying to have fetuses recognized as legal persons with rights, Houston's enforcement of HOV lanes may provide another place to demand that the unborn be equal with the born: More HOV loners caught in the actThe woman in the silver Hyundai got a ticket for driving alone in an HOV lane, even though she was carrying a passenger.She was pregnant,

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1170105122633402212007-01-29T15:00:00.000-05:002007-01-29T17:32:16.823-05:00

Could there be a moratorium on Harvard Law grads publishing books and articles about being at Harvard Law? I realize that "write what you know" is a maxim of good writing, and I can tolerate admittedly autobiographical work like One L: The Turbulent True Story of a First Year at Harvard Law School and the lesser-known Broken Contract: A Memoir of Harvard Law School. But autobiography disguised as

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1170053361877569992007-01-29T01:05:00.000-05:002007-01-29T11:24:46.493-05:00

At the Columbia ACS blog, "Hey Abbott" writes a post titled, "In Defense of the Second Amendment" that advocates federalism in gun legislation on some of the usual grounds: 1) One Size Does Not Fit All States; 2) Fairness (which really is the same as the first rationale); 3) Guns as the Whipping Boy of the Left; 4) The State Solution: Experimentation.But Abbott isn't defending the 2nd Amendment.

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com2tag:blogger.com,1999:blog-8427150.post-1169738461690082902007-01-25T10:04:00.000-05:002007-01-25T10:21:01.713-05:00

Yesterday, the Federalist Society's left-leaning counterpart, the American Constitutional Society, announced on its blog the beginning of some collaborative debate and discussion between FedSoc and ACS members. Realizing the problems of collective participation (not to mention Borking), ACS members acquiesced and admitted that competition might be a better engine of intellectual growth than the

SlickRickshttp://www.blogger.com/profile/06718282378216982881noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1169516188850352212007-01-22T15:08:00.000-05:002007-01-23T09:33:11.073-05:00

Last November, when Sen. John McCain (R-AZ) declared on This Week that he favored a constitutional amendment to ban abortion, but also thought Roe v. Wade should be overturned so the issue could be returned to the states, it was only the most overtly inconsistent statement of how conservative politicians deal with two opposing forces. On one hand, constituents and the Republican base want to see

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1168982518423529862007-01-16T16:07:00.000-05:002007-01-17T02:09:06.966-05:00

Ninth Circuit judge Diarmuid Fionntain O'Scannlain spoke to a small group of Columbia Law students last Friday at lunch. He gave some prepared remarks about the history of judicial independence, but his response to a question about some contemporary claimed attacks on that independence were of particular interest. A perennial hot topic for any Ninth Circuit judge is the question of whether the

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1164033121198533212006-11-20T09:27:00.000-05:002006-11-20T09:33:50.013-05:00

Richard Posner writes about his interactions with Milton Friedman and his ideas on the intersection of politics and economics on his blog with Gary Becker. Posner discusses voucher programs, a flat income tax, and some of Friedman's other influential ideas.

SlickRickshttp://www.blogger.com/profile/06718282378216982881noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1162081380664614212006-10-28T19:16:00.000-05:002006-10-28T19:23:00.686-05:00

Steelehttp://www.blogger.com/profile/17937325817205681460noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1161962808807246992006-10-27T10:16:00.000-05:002006-11-06T12:52:01.246-05:00

Everybody, start your engines, the first Federalist Society Blog Contest has officially begun! The best submission will receive a $50 gift card of their choice, and second and third place will receive $25 and $10, respectively.Prompt: "If you had a magic quill-and-ink set that allowed you to make any changes you wanted to make to the Constitution (and the Amendments) in 10 minutes, what changes

SlickRickshttp://www.blogger.com/profile/06718282378216982881noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1161836084093022832006-10-25T23:14:00.000-05:002006-10-25T23:14:44.110-05:00

After a long stretch of inactivity, it is good to welcome readers and writers, old and new, to Ex Post. Ex Post is brought to you by the Federalist Society at Columbia Law School, and is made up of voluntary and uncensored submissions created by our very own students. Here are some loose guidelines for what we are looking for out of submissions:Pieces desired: any that deal with law or

SlickRickshttp://www.blogger.com/profile/06718282378216982881noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1153316044160023582006-05-31T20:32:00.000-05:002006-07-19T08:39:01.093-05:00

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1144388312311786322006-04-06T22:54:00.000-05:002006-04-07T00:38:32.390-05:00

... or are the grown-up New York Federalists trying to recreate this year's Student Symposium? For example, this event -- Customary International Law, the War on Terror, and the Constitution, Presented by the International & National Security Law Practice Group & New York City Lawyers ChapterThe Law of Nations includes principles of customary international law. Customary international law has

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1142913258761550592006-03-20T21:52:00.000-05:002006-03-25T10:46:48.776-05:00

Today, I attended the oral arguments in Davis v. Washington and Hammon v. Indiana, companion cases dealing with the Court's prior holding in Crawford v. Washington (2004). Crawford, for those of you who have not yet taken Evidence, or forgotten what little you did know, established that any testimonial hearsay evidence was per se inadmissible as violative of the confrontation clause, regardless

Potentiushttp://www.blogger.com/profile/12853316051268163497noreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1141145912645685722006-02-28T11:53:00.000-05:002006-02-28T11:58:32.646-05:00

That was announced at Saturday night's Federalist Society student symposium banquet, the lady in question tells all.As for her naming suggestion for a group of leftists, I respond with one for conservatives that has at least as much rhyme.

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1140899027060307352006-02-25T14:32:00.000-05:002006-03-21T20:37:43.806-05:00

PANEL #4 DEBATE (2:30-3:30 p.m.)This debate will address the arguments over the extent of the Executive’s power in matters touching on foreign affairs. The debate will confront both constitutional and pragmatic arguments regarding the boundaries of the Executive’s role in treaty interpretation, war powers, and homeland security. The discussion will touch upon appropriate methods of

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com2tag:blogger.com,1999:blog-8427150.post-1140895044530536432006-02-25T13:29:00.000-05:002006-02-25T14:29:28.083-05:00

Address (1:45-2:15 p.m.)United Nations ReformAmbassador John R. Bolton, U.S. Ambassador to the U.N. Federalist Society Executive Vice President Leonard Leo gave the introduction, describing Bolton's differences from the international policy elite as a "wonderful breath of patriotism" and a "refreshing dose of humility," by putting trust in the American people and other peoples of democratic

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1140889179877800942006-02-25T10:49:00.000-05:002006-02-25T14:31:02.820-05:00

PANEL #3 (11:00 a.m.-12:30 p.m.)This panel will deal with questions relating to the constitutional permissibility of express and implicit delegations of authority to international bodies such as the United Nations, the International Court of Justice, and appellate bodies in NAFTA. Panelists will deal with issues such as the Executive’s ability to delegate treaty interpretation authority to

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1140880528036695162006-02-25T09:03:00.000-05:002006-02-25T10:50:58.576-05:00

PANEL #2 (9:00-10:45 a.m.)Many commentators have argued that the United States has violated international law in its war on terror. This panel will consider both the abstract question of the extent to which international law can restrict United States action and specific issues in which international law is claimed to prohibit U.S. action. It will thus consider the extent to which international

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1140825620355150802006-02-24T18:46:00.000-05:002006-02-25T10:50:27.790-05:00

PANEL #1 (7:05-8:45 p.m.)This panel will explore competing definitions and visions of what is meant by an international rule of law, a concept that has proved elusive to define. Is international law really law? What exactly does rule by international law mean? Is such a regime really possible or even truly desirable? Who is to make the rules? Does the international lawmaking process assure that

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com2tag:blogger.com,1999:blog-8427150.post-1140798332593808122006-02-24T11:24:00.000-05:002006-02-24T11:27:34.463-05:00

Our very own PG will be liveblogging the panels, debates, and addresses tonight and tomorrow. Check back for updates.

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1140764642865244452006-02-24T01:35:00.000-05:002006-02-24T02:04:02.880-05:00

Though it's the last of the five panels in this year's Federalist Society student symposium, the discussion scheduled for Saturday at 3:45-5:30 p.m. on Foreign and International Law Sources in Domestic Constitutional Interpretation has some relevance to an anniversary occurring today. The description of the event says, The Supreme Court has increasingly turned to international law to interpret

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1140040236676346192006-02-15T16:40:00.000-05:002006-02-15T16:51:57.446-05:00

While doing some research, I ran across a couple of articles mentioning the Federalist Society that I thought might entertain others.The first had me cracking up in public, as it's an intentionally humorous 1991 Yale Law Journal piece titled "How Not to Succeed in Law School," by James D. Gordon III. His author note reads in part: Professor of Law, Brigham Young University Law School. B.A. 1977,

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1139978820696330132006-02-14T23:44:00.000-05:002006-02-15T00:10:46.216-05:00

So we recently were given a moot court problem dealing with an NSA spying program. I was excited, wrote about half my brief (the half dealing with whether the AUMF grants the President power to execute the program), when the problem was changed. So my brief is basically worthless, and someone suggested I post it. So here it is. It's very rough, but mildly interesting--defining characteristics, I

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1139210016374785892006-02-06T01:55:00.000-05:002006-02-15T16:51:23.786-05:00

This NYTimes article about how some of the nationwide culture debates are playing out in Utah indirectly illustrates the federalist aspect of the First Amendment's history. In other parts of the country, conservatives are assumed to be friendly to teaching evolution and permitting organized prayer in schools, but the differences between the Mormon faith and other denominations' beliefs that

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1136285262884971012006-01-03T05:05:00.000-05:002006-01-03T07:16:31.170-05:00

This Washington Post story about automakers' suing states for instituting their own regulations of carbon dioxide emissions from tailpipes reminded me of a note I made regarding pre-emption last semester in a federalism seminar. In Geier, Sprietsma and Bates, the Court was assessing whether a federal regulation that in itself has no problems of validity pre-empts the state common law on torts.

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1134970874048328062005-12-18T23:50:00.000-05:002005-12-19T10:18:14.336-05:00

One-upping the Catholic League, other religious conservatives are unsatisfied by Wal-Mart's firing a tactless employee and creating a Christmas section into which it has put Holiday Barbie and seasonal lawn ornaments. About 50 protesters took part in Saturday's demonstration, organized by religious leaders. Dick Otterstad of the Church of the Divide donned a Santa Claus costume and greeted

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1134399210280841242005-12-12T09:30:00.000-05:002005-12-12T09:56:50.226-05:00

I realize that my recent lauding of the Federalist Society is becoming absurd, but since I needed a break from studying for finals anyway, I thought I'd note what I think is a perfect example of the benefits of Federalist Society ideological diversity.MCI v. AT&T is an interesting case in Administrative Law because of the way it seems to warp Chevron. Justice Scalia's majority opinion takes a

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com2tag:blogger.com,1999:blog-8427150.post-1134152608156811122005-12-09T13:07:00.000-05:002005-12-09T13:44:30.340-05:00

Another article on the effectiveness of the Federalist Society this week in The Week. The article largely credits the timing of the formation of the Society--Reagan's coming into office and the contemporaneous liberal domination of the law schools--with its success, and cites "networking" as its mechanism for gaining influence. I don't doubt this to be descriptively true in terms of the

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1133446134950773552005-12-01T09:04:00.000-05:002005-12-01T11:12:15.940-05:00

Jack Balkin has repeatedly noted that what is perhaps the biggest issue at play in abortion litigation is the question of severability. From my reading of reports from yesterday, I think it's pretty clear that he's right. The Justices seem far more amenable to the idea of engaging in severing unconstitutional portions of abortion statutes rather than declaring them facially invalid as they

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1133405470008963472005-11-30T21:18:00.000-05:002005-12-01T00:43:07.803-05:00

For those who were not involved in the protest this evening and/or didn't receive the obnoxious emails, John Ashcroft spoke at Columbia tonight. The event was organized by the undergraduates--the Columbia College Conservative Club--and the Federalist Society was only ancillarily involved. Ashcroft has an interesting relationship with the Federalist Society; there are probably just as many

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com3tag:blogger.com,1999:blog-8427150.post-1133704671834542602005-11-23T22:23:00.000-05:002005-12-04T08:57:51.840-05:00

The website is up and running, and registration is available. 

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1132785766203916172005-11-23T17:37:00.000-05:002005-12-01T08:55:53.406-05:00

For those who missed Judge Randolph's lecture at the lawyer's convention in DC, Fed Soc has posted the transcript that I highly recommend. Judge Randolph's lecture was a fantastic story of how during his clerkship with Judge Friendly they heard the first substantive due process challenge to an abortion restriction in Federal Court. The case was heard in 1970, 3 years before Roe, and Judge

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1132337651464468802005-11-18T13:13:00.000-05:002005-11-18T13:41:12.420-05:00

. . . lies, I believe, in the preemption jurisprudence of Chief Justice Roberts and soon-to-be-Justice Alito. The focus on the impact of the two Justices has focused largely on cases like Lopez, Grutter, Casey, and the religion cases. Assuming these two are as, or more, conservative than O'Connor and Rehnquist, the Court will likely uphold the Lopez line, the state sovereign immunity cases, and

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1131050867341107112005-11-03T15:46:00.000-05:002005-11-03T15:47:47.353-05:00

From a NROnline Piece:[O]verturning Roe v. Wade should be the sine qua non of a respectable jurisprudence. Chief Justice Roberts and Justice Alito will hear a lot about stability in the law, the virtues of stare decisis, and the reliance many women have placed on that decision. The obtrusive fact is that constitutional law has never been stable. Precedent counts for less in constitutional law

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1129143497676507642005-10-12T13:29:00.000-05:002005-10-12T15:07:02.420-05:00

Lately there has been a lot of propaganda supporting Miers that has religious overtones. Focus on the Family leader says he knows certain things about Miers, that he probably shouldn't know. Everyone and their dog knows he is referring to how Miers will vote on Abortion cases. Bush also talks about how religion is a big part of Miers life. The unspoken statement is don't worry about her-she

Son of Libertyhttp://www.blogger.com/profile/16097701600114735257noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1128487434639741482005-10-04T23:11:00.000-05:002005-10-05T06:42:27.803-05:00

Suddenly it's a big favorite: To what purpose then require the co-operation of the Senate? I answer, that the necessity of their concurrence would have a powerful, though, in general, a silent operation. It would be an excellent check upon a spirit of favoritism in the President, and would tend greatly to prevent the appointment of unfit characters from State prejudice, from family connection,

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1128008652031850792005-09-29T10:43:00.000-05:002005-09-29T10:44:12.036-05:00

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1127311290274411622005-09-21T08:59:00.000-05:002005-09-21T09:03:45.420-05:00

Tom Merrill testified before the Senate yesterday (HT SCOTUSblog) on "myths" about Kelo. I think his testimony is a fantastic read, and highlights the misconceptions about the case that I think are driving the outrage. I'll let the dissenters on the blog take pot shots at Merrill's points since I, as usual, agree with him.

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1127235180635294312005-09-20T11:26:00.000-05:002005-09-20T12:21:09.150-05:00

Not having written any sort of tribute (or anti-tribute, as the case may be) for Chief Justice Rehnquist nor Justice O'Connor, I content myself with posting the conclusions of their respective dissents in Garcia v. San Antonio Metropolitan Transit Authority: But under any one of thse approaches the judgment in these cases should be affirmed, and I do not think it incumbent on those of us in

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1127159846102513832005-09-19T14:25:00.000-05:002005-09-20T12:23:05.126-05:00

There was, predictably, much talk of Roe, or attempted talk of Roe, during John Roberts's confirmation hearings last week, highlighted (lowlighted?) by Sen. Specter's "Big Roe Chart" adduced to argue that Roe is a "super duper precedent." A question occurs to me about how to think about Roe as a precedent, arising from the attempts of Sen. Schumer and others to get Roberts to endorse a "general"

T. Morenoreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1127003061532408142005-09-17T19:13:00.000-05:002005-09-17T21:56:44.603-05:00

During the Roberts hearings, the dems have gone out of their way to tout Roberts' qualifications, many democratic senators noting it time and time again. As this NYT article notes (HT: Howard), they've set themselves up to oppose the O'Connor replacement, not on ideological grounds, but based on qualifications. They can be more insistent that the nominee be forthcoming with answers to questions

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1126000192969040922005-09-06T04:44:00.000-05:002005-09-06T08:07:35.030-05:00

That Senator Kennedy was utterly predictable in using the Hurricane for partisan political advantage when it came to the nomination of John Roberts makes it no less disgusting. But that E.J. Dionne chose to commend and to join him is utterly beyond belief, since one had hopes that not every liberal Democrat had lost all scruples in the effort to keep Roe v. Wade as the law of the land. Sadly,

T. Morenoreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1125924210847679082005-09-05T07:41:00.000-05:002005-09-05T07:47:38.876-05:00

Which leaves O'Connor still an Associate Justice since her resignation letter was contingent upon "nomination and confirmation of [her] successor." Assuming Roberts is confirmed before October, we'll have a full Court, and see a replacement for O'Connor at some point.

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1125805282483373192005-09-03T22:40:00.000-05:002005-09-03T22:53:06.513-05:00

I'm sure all of you have heard by now that Chief Justice Rehnquist has died.

Res Ipsahttp://www.blogger.com/profile/11894182157517422757noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1125665387278176012005-09-02T07:38:00.000-05:002005-09-02T07:59:22.346-05:00

T. More,Would you distinguish constitutional stare decisis in other fundamental rights contexts, i.e. the incorporation cases or the equal protection clause as it pertains to women, even Brown?Roe is obviously shaky and I wholeheartedly agree that it "refuses to settle a particular question of individual right persuasively." But there are many other such decisions in gender discrimination, and

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1125117012336061652005-08-26T22:05:00.000-05:002005-08-27T07:02:06.003-05:00

Some time ago, Helvidius, you posed for us an interesting query on an issue sure to be raised again and again during the Roberts confirmation cakewalk (interesting history for that term). I have been slow to respond mostly due to a lack of personal virtue, but also because a somewhat virtuous part of me decided to try to think long and hard about stare decisis in our system.But since our recent

T. Morenoreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1125022909935852132005-08-25T21:03:00.000-05:002005-08-25T21:29:11.286-05:00

One expects the scurrilous and indefensible from the likes of NARAL's anti-Roberts campaign. But need we also expect it from the Knight Professor of Constitutional Law and the First Amendment at The Yale Law School? I'm afraid so.Here, Prof. Jack Balkin decides, on the flimsiest of grounds, to raise the possibility that John Roberts might "have been a hitherto unknown part of the Iran-Contra

T. Morenoreply@blogger.com2tag:blogger.com,1999:blog-8427150.post-1124941806820005122005-08-24T22:44:00.000-05:002005-08-24T23:03:42.826-05:00

Jim Lindgren posts an excerpt and review of the WSJ's story on Justice Breyer's new book. Lindgren thinks that it sounds a lot like Ely's Democracy and Distrust. Here are the two pieces he wants to equate:From the WSJ:By contrast [with Justice Scalia's book on interpretation], Justice Breyer's "Active Liberty" contends that judges can undercut the democratic system the Constitution's Framers

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1124935928096494962005-08-24T21:09:00.000-05:002005-08-24T22:16:53.623-05:00

Linda Greenhouse published this piece in the NYT on Thursday lauding Justice Stevens for his dutiful adherence to the Constitution in spite of his personal views. I think that's probably true of Kelo, less likely true of Raich, but nonsense in Roper. Past terms yield a wealth of cases where Justice Stevens has followed his "Desire," rather than what Greenhouse terms his judicial "Duty."While it

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1124206978806698572005-08-16T10:38:00.000-05:002005-08-16T11:28:41.383-05:00

I'm sure by now everyone has read Jack Balkin's attempt at likening the Kelo dissent to Dred Scott. He tries a little number where he argues that since the Public Use Clause so clearly doesn't limit private takings, Justice O'Connor (joined by Scalia, Rehnquist and Thomas) is clearly protecting substantive due process. This argument is silly, even for a Balkin post.He first posits a reading of

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1123534952420352642005-08-08T15:55:00.000-05:002005-08-08T17:25:56.106-05:00

I found myself this morning on the train defending a part of Larry Tribe's comment in Scalia's A Matter of Interpretation to a fellow federalist attorney. This was such an interesting experience that I figured it would be fun to relate.A Matter of Interpretation is Justice Scalia's short essay defending textualism. He discusses statutory interpretation and briefly comments on constitutional

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1123079928238879572005-08-03T09:28:00.000-05:002005-08-03T11:53:51.116-05:00

Much has been made, especially by liberal commentators and politicians such as Sen. Charles Schumer, of how balanced President Clinton was in his judicial appointments. A corollary of this, implicitly or explicitly, is that President Bush ought to but has not sought to be so "conciliatory." There is a fair point that President Clinton did not promise his supporters to put people on the Court who

T. Morenoreply@blogger.com2tag:blogger.com,1999:blog-8427150.post-1123045273586817812005-08-02T23:35:00.000-05:002005-08-03T11:54:40.306-05:00

On Monday, President Bush nominated/installed John Bolton as Ambassador to the United Nations and on Tuesday, nominated/installed Peter Cyril Wyche Flory to be assistant secretary of defense for international security policy. In both cases, the President made the appointments pursuant to his authority under Article II, Section 2, Clause 3 of the United States Constitution. Does that clause in

Rodhttp://www.blogger.com/profile/00077594762232894623noreply@blogger.com4tag:blogger.com,1999:blog-8427150.post-1122941671523548892005-08-01T19:13:00.000-05:002005-08-01T19:14:31.533-05:00

sponsored by the LA Times. Others have pointed it out, but see here for pieces by Epstein, Sunstein, Kmiec, and Chemerinksy, among others, on the Roberts nomination.

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1122352417365521772005-08-01T13:25:00.000-05:002005-08-01T19:26:01.033-05:00

I just watched this video by Joe Biden on confirmations and advice and consent. I expected some discussion about the Senate's role in the confirmation process, but was disappointed to hear more screaming about the constitution in exile and how awful the world would be had Judge Bork been confirmed.Biden likes to work a little trick in these kinds of speeches by talking about how the

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1122916710625247762005-08-01T12:01:00.000-05:002005-08-01T12:33:26.786-05:00

More internal dissent among ex posters. Regarding Phocion's post below, PG says, among other things: [T]he American Civil Liberties Union asserts its sole purpose as being defense of the Bill of Rights (except for the strongest reading of the 2nd Amendment), whereas the Federalist Society, despite claims that it is only for debate, asserts certain views associated with conservatism on its own

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com4tag:blogger.com,1999:blog-8427150.post-1122869196795277672005-07-31T22:53:00.000-05:002005-07-31T23:10:20.430-05:00

The NY Times today has an article attempting to answer the question: what is the Federalist Society and what do its members believe. Since this is a "legally inclined" blog where at least some of the posters are "members" there may be no finer forum than here in which to have this argument. But before the call goes out for a debate, let me posit an easy solution to the question: this blog itself

Rodhttp://www.blogger.com/profile/00077594762232894623noreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1122659088308288602005-07-29T12:07:00.000-05:002005-08-08T17:20:03.550-05:00

The Ninth Circuit today reversed the lower court that had denied an injunction to a prisoner who had been coerced into cutting his hair in violation of his religious beliefs. The prison policy was that hair was not allowed to be longer than 3 inches, and contained no exception for inmates with religious reasons for long hair. The prisoner, a Mr. Billy Soza Warsoldier, holds religious beliefs that

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1122583445006088202005-07-28T15:42:00.000-05:002005-07-31T22:10:20.460-05:00

In this post criticizing a New York Times editorial on how a Justice Roberts might roll back commerce clause- based federal regulations, T. More says, Does anyone believe we need the Federal government's help to stop those darned states (especially the red ones) from approving of child labor? Let's grant that some states would not adopt the position of the EPA if somehow we were to return to a

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com5tag:blogger.com,1999:blog-8427150.post-1122562695412276902005-07-28T09:29:00.000-05:002005-07-28T10:25:57.336-05:00

Geoffrey Stone of the U. Chicago Law School has a piece in the Chicago Tribune today on the nomination of John Roberts to the Supreme Court. In brief, Stone's argument is that this nomination is a "win" for liberals, not because Roberts isn't a conservative, but because he isn't a Clarence Thomas conservative. Stone's argument is that the left should accept Roberts as a smart, talented judge, one

Rodhttp://www.blogger.com/profile/00077594762232894623noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1122335032156189772005-07-25T18:37:00.000-05:002005-07-27T06:29:06.256-05:00

Judd at Think Progress breathlessly reports, "Federalist Society Transcript: John Roberts Was A Member." The media seems to be having trouble figuring out whether John Roberts was a member of the Federalist Society. Maybe they should just read the transcripts from Federalist Society events. Here's a quote by Elliot Mincberg of PFAW at a Federalist Society event on 9/9/03: Anybody who honestly

PGhttp://www.blogger.com/profile/09381347581328622706noreply@blogger.com6tag:blogger.com,1999:blog-8427150.post-1122309406296859292005-07-25T11:31:00.000-05:002005-07-25T11:36:46.306-05:00

The Supreme Court Nomination Blog has the first couple in a series of posts about Judge Roberts' jurisprudence. These first two are fantastic. I'm hoping to come back and discuss the two posts, but here are the links.The first, by Tom Goldstein, discusses his views on the scope of the commerce clause as gleaned from Rancho Viejo, LLC v. Norton, 334 F.3d 1158 (CADC 2003), a case in which Judge

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1122129424220364162005-07-23T09:36:00.000-05:002005-07-23T16:56:59.960-05:00

On Friday, a panel of the DC Circuit issued an opinion in US v. Tarry, a 4th amendment case. Judge Roberts dissented from the panel opinion of Judge Rogers, joined by Harry Edwards. The case presents the question of whether probable cause existed for police officers to search the trunk of Mr. Tarry after they stopped him for a broken backlight, and subsequently determined that the license plates

Rodhttp://www.blogger.com/profile/00077594762232894623noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1122102031367053432005-07-23T01:55:00.000-05:002005-07-23T02:08:50.750-05:00

That's what we will be told by Sen. Schumer, by the New York Times, and others who will pretend that they are studiously neutral, mainstream commentators on American law and politics. But read today's article on Supreme Court Nominee John Roberts's wife. Note that the article claims that Ms. Roberts's activities have drawn interest. Then ask yourself: from whom? Is a single named person in

T. Morenoreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1122068394997361902005-07-22T16:24:00.000-05:002005-07-22T17:05:30.120-05:00

While I hate to distract from the confirmation hubhub, I thought I'd see what people think about the NYPD's new policy of searching subway riders absent individualized suspicion.The NYPD has begun searching straphangers' bags without any specific basis for believing them to be terrorists. The policy combines random checks (e.g., every tenth rider) with checks of those who are actually suspicuous

Jabotinskynoreply@blogger.com10tag:blogger.com,1999:blog-8427150.post-1121899065042433282005-07-20T17:31:00.000-05:002005-07-20T17:37:45.050-05:00

This report on the Think Progress Blog details well the cases that are likely to swing with Roberts replacing O'Connor. I get giddy just thinking about it.An additional note which muddles everything is the rapid change of Justice Kennedy's jurisprudence. While Roberts would be the fifth vote in all these cases, Kennedy's fourth vote is never a sure thing, and he could easily flip on Stenberg,

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1121833575764229052005-07-19T22:48:00.000-05:002005-07-19T23:52:05.823-05:00

No, not the President's selection of DC Circuit Judge John Roberts as his choice to replace Justice O'Connor on the Supreme Court, though it is a thrilling selection. Rather, I find myself short of breath after reading this putatively restrained editorial in tomorrow's NY Times. The restraint here is that the Times does not take a position on Judge Roberts--yet. They want to wait until he fails

T. Morenoreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1121797328153003852005-07-19T13:21:00.000-05:002005-07-19T13:22:44.740-05:00

Scott McClellan has informed the press that the President will announce his nominee to replace Sandray Day O'Connor at 9PM tonight!

Rodhttp://www.blogger.com/profile/00077594762232894623noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1121705657669755502005-07-18T23:54:00.000-05:002005-07-19T00:48:37.236-05:00

Hamdan v. Rumsfeld, decided Friday by the D.C. Circuit, held on three issues. First, the court was not required to abstain from deciding the case; second, that the President had been delegated authority from Congress to create the tribunals and; third that the Geneva Convention on the treatment of Prisoners of War does not create a right of action for Gitmo detainees. The Court also held, in

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1121725444955633772005-07-18T17:02:00.000-05:002005-07-19T11:09:31.336-05:00

The Chief Justice will be staying put for the time being, he announced this past week. And the Washington Post is reporting that a decision on Justice O'Connor's replacement is likely to come this week, and not further down the line, as earlier thought. So, how does the Chief's announcement impact the President's choice for SOC's replacement? There could be two distinct ways in which it

Rodhttp://www.blogger.com/profile/00077594762232894623noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1121363445978070132005-07-14T12:31:00.000-05:002005-07-14T16:50:30.960-05:00

The absolute best, although entirely improbable, scenario for the Bush administration would be appointing replacements for O'Connor, Rehnquist, and Stevens that will all overturn Roe. Is there a point, and/or have we reached that point, where this is not a good idea?Stare decisis is not mandated by the Constitution. It is, according to Justice Frankfurter, "a principle of policy." Not many people

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com3tag:blogger.com,1999:blog-8427150.post-1120587013055040532005-07-06T16:07:00.000-05:002005-07-08T12:00:47.543-05:00

. . . so goes the discussion over the upcoming nominee. Professor Balkin's recent post about activism has prompted another wave of discussion on this idea that the conservatives on the Court are more activist than the liberals. This has been done and redone, and I don't think anyone questions that it is, in fact, true that the conservatives on the Court strike down more laws than liberals.But, as

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1120661853271867002005-07-06T09:40:00.000-05:002005-07-08T15:55:11.393-05:00

Over at Balkinization, Jack Balkin has posted another analysis of activism that finds the term wanting. I think that this trades on a failure properly to consider the role of the judiciary in our system, as what should be the "least dangerous branch." The judiciary is not meant to have legislative or executive initiative in our government; rather, it is meant to police the boundaries of the

T. Morenoreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1120410843299659072005-07-03T11:44:00.000-05:002005-07-04T17:41:03.406-05:00

This fine Sunday morning I awoke in Washington, DC and after the celebration of the sacred mysteries (Catholic Mass for those not in the fold) I set about to watch our nation's most influential folks gab about the nomination process. In a spirit of charity and hope (influenced by the Mass) but also out of a desire to see the truth vindicted (id.), I offer the following reflections in no

T. Morenoreply@blogger.com5tag:blogger.com,1999:blog-8427150.post-1120235480335118462005-07-01T17:00:00.000-05:002005-07-01T17:13:16.493-05:00

We at Ex Post have, at times, not been kind to Sandra Day O'Connor. Her jurisprudence, although often if not mostly coming to what many of us think is the "right" conclusion, worked to aggrandize the role of the Court in a way that will be perhaps most clear in the weeks and months to come as political opposites fight to the death over who the next philosopher king will be. What has become known

Helvidiushttp://www.blogger.com/profile/08377008245185957196noreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1120246007619089002005-07-01T14:08:00.000-05:002005-07-01T15:42:52.100-05:00

I come neither to praise nor to bury Sandra Day O'Connor. She obviously had a remarkable and influential career in the law, including a highly influential period of time on the highest court in the land.I'm not an expert on her jurisprudence, but I will say that her critics from the right were probably too harsh on her, and her admirers among self-styled "progressives" were probably too kind to

T. Morenoreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1120228440040632772005-07-01T09:32:00.000-05:002005-07-01T10:03:38.606-05:00

Sandra Day O'Connor will retire. Bill Kristol must have had an inside source to get his scoop. Perhaps we should get an independent counsel to investigate who leaked.Prediction: the confirmation battle over a successor to Justice O'Connor will not be pretty.I would guess that it also seems more likely now (though probably still a longshot) that President Bush will decide to appoint Alberto

Rodhttp://www.blogger.com/profile/00077594762232894623noreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1119988218816869432005-06-28T14:28:00.000-05:002005-06-30T15:58:40.716-05:00

Randy Barnett blogs that someone upset about SCOTUS's decision in Kelo has proposed to use eminent domain to build a hotel called the Lost Liberty Hotel on Justice Souter's house. Read the press release here and the faxed memo to the town's board here.The hotel plans to include a museum featuring a permanent exhibit on the loss of freedom in America. In lieu of the complimentary Gideon's Bible

Son of Libertyhttp://www.blogger.com/profile/16097701600114735257noreply@blogger.com3tag:blogger.com,1999:blog-8427150.post-1119973911384864542005-06-28T10:16:00.000-05:002005-06-28T13:14:20.210-05:00

In my post the other day on Kelo, I made parenthetical reference to some points raised by Prof. Leiter about originalism here. I'd like to treat them a bit more fully and fairly here. Prof. Leiter professes some befuddlement that concern for original meaning is "dominant" in the legal world today (gosh, I hadn't noticed that myself, to be honest). But his befuddlement is rather befuddling to

T. Morenoreply@blogger.com1tag:blogger.com,1999:blog-8427150.post-1119971510654996772005-06-28T09:39:00.000-05:002005-06-28T13:13:53.200-05:00

Well, my blood pressure this morning got more than just its usual caffeine jolt, since yesterday's 10 Commandments opinions gave the calm and responsible Profs. Balkin and Leiter a chance to bash Justice Scalia as a bigot once again. It's so easy to bash people when you get quote them selectively and hope nobody will bother to check the source. For instance, Prof. Leiter characterizes

T. Morenoreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1119885436370593782005-06-27T09:14:00.000-05:002005-06-29T12:50:10.473-05:00

Today will end the 2004-2005 Term at the Supreme Court. It may also be the day when Chief Justice Rehnquist steps down after 33 years on the bench. He has presided over an era of struggles over the Court’s faithfulness to the text and principles of the Constitution. If a vacancy does open up, one thing is for sure both the Left and Right are ready to battle. Organizations all over are geared up

Son of Libertyhttp://www.blogger.com/profile/16097701600114735257noreply@blogger.com0tag:blogger.com,1999:blog-8427150.post-1119815962844499752005-06-26T20:41:00.000-05:002005-06-28T13:17:27.273-05:00

The October 2004 term may be remembered for the many important cases decided, including Kelo, Raich, Roper and Booker. It may be remembered as the last term of William Rehnquist's long and distinguished career as a jurist. It may be remembered as the end of a minor conservative jurisprudential counter-revolution: Whither Nollan and Lucas (property rights)? Whither Lopez and Morrison (enforceable

Rodhttp://www.blogger.com/profile/00077594762232894623noreply@blogger.com0