Much has been made of the memo that William Rehnquist wrote as a clerk to Justice Robert Jackson advising him to uphold Plessy v. Ferguson in Brown v. Board of Education. Rehnquist always maintained that he was only writing what his boss wanted to read, but Rehnquist’s detractors saw that as a flimsy excuse. I [...]

In 1957, former-law clerk William Rehnquist wrote an exposé in US News about the role of clerks on the Supreme Court. Adam Liptak mentioned (here) the former-clerk’s article in relation to a recent study from the DePaul Law Review (here). The surge in interest over the case inspired US News to repost the article online [...]

The Supreme Court’s landmark public use decision Kelo v. City of New London was handed down three years ago today. On June 23, 2005, Justices Stevens handed down an opinion that held that “there is no basis for exempting economic development from our traditionally broad understanding of public purpose.” Justices Kennedy, Souter, Breyer, and Ginsburg [...]

From now until the start of October Term 2007 on October 1, I’ll be counting down the things that I’m looking forward to in the upcoming term of the Court. Today I’ll take a look at the Court’s power struggle with its co-equal branches. Supreme Court Justices have always been considered a body of intellectuals [...]

Ann 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 [...]

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 [...]

Alongside Morse, the court handed down another highly controversial ruling along the standard partisan line. In Hein v. Freedom From Religion (discussed at length here), the Court ruled that taxpayer standing does not extend to establishment clause cases arising from appropriations made by the executive branch that were never explicitly authorized by Congress. To understand [...]

It seems as though the Supreme Court has posted a video on their website here. As I am writing this, the link is not working but I will keep you up to date as this progresses. I have busy these last few days with school/exams/etc. so the blog has been moving along pretty slowly but [...]

Whenever Justices come and go on the Court, the mainstream media starts bloviating about the dynamics of the Court. The most recent shift in the Court occurred when the decidedly conservative Chief Justice Rehnquist and more moderate Associate Justice O’Connor were replaced by the thus-far moderately conservative Chief Justice Roberts and Associate Justice Alito. So [...]



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