The Petitioner’s Briefs have been submitted in Al-Odah v. US and Boumediene v. Bush, the two high-profile detainee cases that the court has accepted for review. Thanks to SCOTUSblog, everyone can access the Al-Odah briefs here (Al-Odah) and here (El-Banna) and the Boumediene brief here. I’ll use Al-Odah for the majority of my analysis but [...]

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 [...]

In a debate between Justices Scalia and Breyer that took place almost a 9 months ago, both Justices declared that they were more concerned with establishing broad precedence than reaching a sound conclusion in a single case. Here are the comments from the Justices: Scalia: I don’t much care about your particular case. I am [...]

On October 2, 2007, the Supreme Court will hear oral arguments in Kimbrough v. US. Kimbrough centers around the 1986 federal law that imposes a “100:1 crack/powder ratio.” Under the law, a defendant caught with one amount of crack (rock) should receive a sentence similar to that of a defendant who was caught with a [...] is probably the most legit conservative blog on the ‘net, placing them in a position of legitimacy just above Tom Delay’s Blog and below As a conservative blog, it should surprise no one that they aren’t huge fans of Justice Breyer or any members of the liberal block. Now that conservatives been winning [...]

Apparently Arlen Specter isn’t particularly happy with the recent Stare Decisis-related performances of Chief Justice Roberts and Justice Alito. I’m not exactly sure what he wants to do about it, but it looks like he just wants to take a look at past decisions and remarks from the two Justices and decide whether or not [...]

Supreme Court Justices always seem to graze in pairs. Justices Roberts and Alito almost seem like the same person, Scalia and Thomas have been swapping mating calls for years, and Justices Breyer and Ginsburg are trying to fight the (conservative) man(men) for years. I was prompted to think more about some of these dynamic duos [...]

Bill Posner (not Richard Posner) writes a rather interesting article about the now infamous banner at the center of Morse v. Fredrick over at his blog, Language Log. Posner contends that the Justices, especially the conservative ones, may have overanalyzed the banner in question by ignoring “the possibility that the utterance is meaningless.” By assuming [...]

I’m already getting pumped for the October 2007 Term. On Friday, the court issued its final orders for the semester and they decided to hear Boumediene v. Bush and its otherwise-unimportant sister-case Al Odah v. US. One of my first posts, back on April 3, discussed the rejection of Boumediene’s petition for trial. Justices Stevens [...]

Sources all of the ‘net have been citing the number of 5-4 cases as ’24.’ The problem with that, however, is that only 21 cases were decided on a 5-4 vote. If you take a look at the articles that I listed in my last post (here), nearly all of them suggest that 24 cases [...]

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