President Obama and the Future of the Supreme Court
0 Comments Published by Kedar S. Bhatia December 4th, 2008 in Constitutional Law, David Souter, John Paul Stevens, John Roberts, Judges and Justices, Ruth Bader Ginsburg, Stephen Breyer, Supreme CourtThe 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 [...]
Does Hillary Clinton’s Appointment to Secretary of State Violate the Emoluments Clause?
7 Comments Published by Kedar S. Bhatia November 25th, 2008 in Constitutional LawVolokh (twice), DailyKos, and some others have been talking about the Emoluments Clause and how it disqualifies Hillary from accepting the position of Secretary of State. First, the clause: No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States [...]
Surprisingly Candid McCain and Obama Discuss Current SCOTUS Makeup, Nomination Process at the Saddleback Civil Forum
2 Comments Published by James August 17th, 2008 in Antonin Scalia, Barack Obama, Clarence Thomas, David Souter, John Paul Stevens, John Roberts, Judges and Justices, Ruth Bader Ginsburg, Samuel Alito, Stephen Breyer, Supreme CourtEarlier 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!]). [...]
Is Early Voting Constitutional?
8 Comments Published by James August 12th, 2008 in Constitutional Law, PoliticsAll of this John Edwards business has got me thinking about early voting. I am registered to vote in Texas, where Election Codes 81.001 and 82.005 specify that I can ”vote early” – up to seventeen days before any federal election. Say, hypothetically, that John Edwards had rallied for a victory in South Carolina and [...]
Extensive Medellin Coverage
0 Comments Published by Kedar S. Bhatia March 25th, 2008 in Supreme CourtOpinio Juris has rather extensive coverage of today’s Medellin decision. I’ve spent the last hour plowing through most of it and I can say that it is both insightful and extensive.
A Theory of Decreasing Expectations
0 Comments Published by Yao Yao February 26th, 2008 in Barack Obama, PoliticsPrimary and caucus results are all about expectations. Candidates spend the weeks before an election day campaigning hard and attacking their opponents, but they suddenly hit the brakes about 48 hours before the vote and begin setting up low expectations for the results. The point of this move is to create the perception of success, [...]
More Young People Need to Vote and Fewer Old People Need to Run Everything
10 Comments Published by AJ August 16th, 2007 in Constitutional LawToday I’ve mused quite a bit about both how much I hate Dallas and also about a small constitutional question. I accidentally bought a Dallas Morning News instead of an Austin-American Statesman today at lunch, and this article was on the center of the front page. This was my first clue that I had bought a Dallas [...]
Barack Obama is seen by some as the savior of US politics. Literally, the bi-racial/former constitutional law professor/community organizer/best selling author/US senator is raking in the cash. Did I mention he’s black? Bi-racial to be more accurate. Literally, I’ve just listed Barack Obama’s formal qualifications to be the President of the United States. Call me [...]
Justice Stevens and Roe v. Wade’s Initial Reception
1 Comment Published by Kedar S. Bhatia July 30th, 2007 in Clarence Thomas, Constitutional Law, History, John Paul Stevens, Judges and Justices, Politics, Ruth Bader Ginsburg, Supreme Court, Vintage SCOTUSAnn Althouse has a rather interesting article about Justice Steven’s recent speech at the Ninth Circuit’s Judicial Conference in Honolulu, Hawaii. Its obvious from the location of this judicial conference that congressmen aren’t the only ones who take junkets. Regardless, this is the most interesting part of her recap: I think, after all — he’s [...]
What Can Dems Do About A Conservative SCOTUS?
0 Comments Published by Kedar S. Bhatia July 29th, 2007 in Clarence Thomas, Court Procedure, Free Speech, John Paul Stevens, Judges and Justices, Ruth Bader Ginsburg, Supreme CourtThe Washington Post had a article recently about the way in which more and more American’s are viewing the court as too conservative. 33% of Americans feel that the Court is too conservative and only 47% believe that the court is balanced. 55% of Americans agree with the court’s ruling in Carhart but 70% disagree [...]


