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The most powerful man in the countryDahlia Lithwick digs Mr. Justice Kennedy: Maybe the fact that Kennedy is suddenly experiencing his moment in the sun isn't just a historical accident of a four-four court with a guy in the middle who can't seem to make up his mind. Perhaps this country is actually ready for what...
August 10, 2006 Author: Matt Barr
Breaking: Supreme Court decides hard casesRecaps of the Court's now-completed October Term 2005 without fail are seizing on the fact that the last decisions released were contentious and included strong differing opinions. Law.com: There, on the final day of the Court's term, June 29, was Justice John Paul Stevens, calmly defiant as he read from...
July 2, 2006 Author: Matt Barr You asked for itThe Hamdan ruling, about which you can read thorough, balanced analysis from Orin Kerr, Jack Balkin, Lyle Denniston and elsewhere, should be paraded around as a victory for detainees in the war on terror at one's own risk. As Michael Dorf mentions this morning, the President's power to indefinitely detain...
June 30, 2006 Author: Matt Barr Early OT 2005 Court statsWe like Court stats. Today the 50th non-per curiam, non-decree opinion was issued -- that is, the 50th opinion for which we can see the voting breakdown -- of the OT 2005 term. Also released today was the 18th such opinion Justice Alito has been involved in, which is the...
June 15, 2006 Author: Matt Barr Dots connected"We don't need to connect every dot we're asked to," I wrote in April, re: Hudson v. Michigan: If we have a provision of the Bill of Fricking Rights which says our home is our castle and the police can't act unreasonably, then they can't break down the door and...
June 15, 2006 Author: Matt Barr Shoot the clerksI have heard few dumber ideas than Congress cutting off funding for Supreme Court clerks, leaving Justices with fewer, maybe only one each. (Link is for Atlantic subscribers only.) Eliminating the law clerks would force the justices to focus more on legal analysis and, we can hope, less on their...
June 11, 2006 Author: Matt Barr Specter may have a good idea, but don't ask himSen. Specter had an op-ed run in the Washington Post yesterday ostensibly in support of a bill he's hawking to mandate television coverage of Supreme Court proceedings. I continue to believe Congress has the power to do this, cf.: I think Congress certainly can grant media the right to televise...
April 26, 2006 Author: Matt Barr
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