The future is bleak for democrats and judicial liberals. The average age of the four conservatives is 60.75 years (Roberts(53), Scalia (72), Thomas(60), Alito(58)). The average age of the four liberals, however, is 75.7 years (Stevens(88), Souter(69), Ginsburg(75), Breyer(70)). Justice Stevens, an active octogenarian and avid tennis player who frequently reads briefs on the beach [...]

2008 Term Index

You can find the 2007 Term Case Index here. You can find the 2006 Term Case Index here. You can find statistics from the term here. Cases Completed: (83) Ricci v. DeStefano Docket Filing | Questions Presented Docket Number: 07-1428 On Appeal From: CA2 Date Argued: April 22, 2009 Date Decided: June 29, 2009 5-4; [...]

Oral Argument Jokes of the Day

In Fitzgerald v. Barnstable School Committee: CHIEF JUSTICE ROBERTS: We will hear argument next in Case 07-1125, Fitzgerald v. Barnstable School Committee. Mr. Rothfeld. MR. ROTHFELD: Thank you. If it please the Court: The court of appeals in this case — excuse me, Your Honor. JUSTICE GINSBURG: Could you raise the podium? MR. ROTHFELD: Actually, [...]

During arguments this week in Bell v. Kelly, Justice Scalia chided Richard Bress for not including a particular part of the statute in his briefs to the court. Unfortunately, Bress had included the statutes in his briefs, an oversight Justice Scalia apologized for as oral arguments wound down: JUSTICE SCALIA: Mr. Bress, I want to [...]

The Supreme Court this week handed down a decision in Winters v. National Resources Defense Council, a case revolving around the Navy’s use of sonar and its impact on the environment. The Court ruled 7-2 that the Navy was justified in the use of a particular form of sonar and that the impact on the [...]

The Supreme Court yesterday heard arguments in Winter v. Natural Resources Defense Council, a case revolving around Navy sonar exercises off the coast of California and their potential impact on the environment. Justices on both sides of the normal ideological division seemed unpersuaded by the NRDC. Justice Breyer at one time asked, I will express [...]

The Court heard oral arguments on Tuesday in Herring v. US, a case that revolves around whether or not the exclusionary rule applies in scenarios where there is an error made by the police. Plaintiff was arrested after police where mistakenly notified that a warrant was out for his arrest. The warrant had been withdrawn [...]

The Court last week decided to end months of speculation in Louisiana v. Kennedy when it struck down a motion for rehearing and simply issued a revised opinion. The move is not unprecedented but it is extremely unusual and done only in very specific circumstances. The modified opinion can be found here. Justice Kennedy wrote [...]

Earlier tonight, Senators John McCain and Barack Obama joined Pastor Rick Warren at his California megachurch for an event pegged as “The Saddleback Civil Forum on the Presidency.” The interviews, each an hour in length, were separated by thirty-six tense seconds in which the presumptive nominees shared the stage (and an awkward hug [video here!]). [...]

Now, for Heller: Affirmed, quite naturally. Wow! It came down 5-4, with none of the traditionally ‘liberal’ Justices joining the pro-gun rights majority. Scalia must have written an incredibly strong majority opinion and the ‘conservatives’ must have been unwilling to budge. Opinions are straight 5-4, one majority and two dissent. No concurring, partials. I’m surprised [...]



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