Although my friends and family would call me argumentative to fault, I try to make a point of admitting when I’m wrong. I’ve been watching this spectacular debate between Justices Breyer and Scalia and it looks like I might have seriously underrated the value of originalism. If you have 90 minutes to spare, I suggest [...]

By now, you should all know that I’m not a fan of the Supreme Court’s ruling in Parents Involved in Community Schools v. Seattle School District. In my humble opinion, the majority made a policy decision by contending that desegregation is good, but the way this community chose to go about it wasn’t effective. The [...]

The court’s last cases are being handed down as I type this. The conservative block of the court wins the Leegin, a case revolving around vertical integration and pricing laws. The court’s liberal block won a death penalty case that now upholds laws that restrict the use of the death penalty on people who have [...]

After a disappointingly slow week, the Court handed down five opinions, one Per Curiam reversal, and a marginally interesting orders list today. I’m not sure if I’ve mentioned this, but a per curiam opinion is usually issued when the Court rejects a case based on procedural grounds and chooses to deny certiorari. Per Curiam decisions [...]

2006 Term Index

You can find a detailed statistical breakdown of the Court’s term here. You can find the 2007 Term Case Index here. (75) Panetti v. Quarterman Questions Presented Capital Punishment | Mental Illness | Texas Case Number: 06-6407 Date Argued: April 18, 2007 Date Decided: June 28, 2007 5-4 Majority: Kennedy(m), Stevens, Souter, Ginsburg, Breyer Dissent: [...]

Before I get into any more of the recent death penalty cases, let me clear up the Penry decision that seems to be central in all three of these cases. The state of Texas had created a system of questions or “special issues” (the court uses the latter term) for juries to answer that were [...]

We all know that Justices Scalia and Thomas have always written the best dissents and Justice Alito’s dissent in Smith is no exception. Even though Justice Alito avoided most of the classic traps of writing a dissenting opinion like excessively broad analysis and only barely touching on the issues that the majority addresses, he is [...]

I tried desperately yesterday to find something worth blogging about but my searches were all in vain. Today, however, the Court’s ruling in three death penalty cases is just asking to be blogged about. In Smith v. Texas, the Court, in an opinion written by the ever-swinging Justice Kennedy, held that Texas’s Court of Criminal [...]



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