Honestly, I’m not sure how I feel about the healthcare reform bill that will be signed into law in the coming days. A more interesting question, and one more relevant to this blog, is what effect its passage might have on a potential Supreme Court vacancy this summer. Because of his victory yesterday, the President [...]

Justice Sotomayor formally took her seat on the Supreme Court after her investiture ceremony this afternoon. Among other things, Attorney General Eric Holder delivered to her a commission – the same object at the center of controversy in Marbury v. Madison. She is wearing a Bentley and Simon J-71 robe that was given to her [...]

President Obama’s nomination of Judge Sonia Sotomayor to replace Justice David Souter is the type of decision we have come to expect from the Obama administration. It involved important political considerations and will likely prove to be good enough for liberals but not off-putting for conservatives. Let me start off with the assumption that she [...]

President Obama gave the commencement speech at Notre Dame earlier today and spoke primarily about abortion and other social issues. You can find a full recap from the New York Times here. I don’t ordinarily take note of political speeches coming from the White House, but I have to think about whether or not the [...]

The Supreme Court will discuss whether or not to continue the case of al-Marri during conference on Friday, March 6, according to the Supreme Court’s docket sheet. Among other things, Al-Marri charges that his detention without formal charges represents an unconstitutional breach of habeus corpus. Last week, the Obama administration formally charged Al-Marri and motioned [...]

The Oath

There isn’t much to be said about today’s flubbed oath that hasn’t been said already. Jan Crawford Greenburg points out that an oath of office flub isn’t unprecedented: It’s worth pointing out that Chief Justice William Howard Taft, who had been President himself, also flubbed the oath when he was swearing in Herbert Hoover in [...]

Twitter the Future

Professor Peter Black reported yesterday on his blog that a judge in Colorado approved the use of twitter updates by journalists in his courtroom. The judge found that liveblogging a case is no different from newspaper reports and should therefore be treated the same way. The journalist’s twitter is here. Also of note, Dr. Sanjay [...]

Barack Obama has announced that he will appoint Harvard Law School Dean Elena Kagen to be his Solicitor General. The two taught together at the University of Chicago in the early 1990s, and before that she clerked for Abner Mikva on the DC Circuit and Thurgood Marshall on the Supreme Court. She clerked for Marshall [...]

The Court today handed down an Order’s List (here) that, among other things, granted, vacated and remanded a detainee case and struck down another petition questioning Barack Obama’s qualifications to be President. In Rasul v. Myers, a group of individuals who had been held in Gutantanamo filed suit claiming inappropriate use of torture and “religious [...]

Over the course of the past week, both the blogosphere and mainstream media have been spending quite a bit of time over at the Supreme Court rumor mill. There has been a lot of buzz about two cases concerned with president-elect Obama’s citizenship, Donofrio v. Wells (08A407) and Wrotnowski v. Bysiewicz (08A469). The applications for [...]



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