Archive for the 'History' Category



I am going absolutely crazy with all the talk of Clarence Thomas and his total perversion of originalism. I’m not one to rant, but this is the closest I will ever come to declaring an absolute- Originalism is NEVER appropriate. Thats right, there is never an instance where it is appropriate to take our noses [...]

Since there is a very brief lull in Court opinions, I decided that I would start a new series on various times in the Court’s history. This post is about the appointment of the very first Supreme Court. Per the Judiciary Act of 1789, George Washington was charged with the task of appointing five associate [...]



Random Posts

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  • Another Elena Kagan - Miguel Estrada Connection: Justice Kagan and Miguel Estrada have had a long relationship that has confounded and surprised many of their skeptics. At Kagan's confirmat...
  • Westlaw Flag Colors for OT10 Cases: I've always thought it was funny that WestLaw handed out yellow flags like they were candy. I'm referring, of course, to "KeyCite Status Fla...
  • Updates: I've updated a lot of the information on the Term Case Index in preparation for today's cases. I expect the Supreme Court to hand down 1-2 o...
  • More Sophisticated Reconferencing Statistics: A commentator on my last conferencing post picked up on an important part of the distribution question that I had intentionally omitted....

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