by Kent Scheidegger · Oct 13, 2020 3:46 pm
What do statutes of limitations and the constitutional ban on “cruel and unusual punishments” have to do with each other? The logical answer is “nothing.” But the law follows strange paths, and the two issues crossed in today’s Supreme Court argument on the statute of limitations for rape in the military justice system. Continue reading . . .
by Bill Otis · Oct 12, 2020 2:31 pm
Former Vice President Biden has said that the Republican effort to seat Judge Amy Barrett on the Supreme Court is unconstitutional, and Delaware Senator Chris Coons, a member of the Senate Judiciary Committee, said that it constitutes court-packing. Both statements are so palpably false that it’s very unlikely Biden or Coons believes them. So what’s going on?
by Kent Scheidegger · Oct 7, 2020 1:58 pm
The U.S. Solicitor General has filed a certiorari petition asking the Supreme Court to review the Marathon Bomber case. The Court of Appeals for the First Circuit had overturned the death sentence of the surviving bomber brother, Dzhokhar Tsarnaev. See this post. Continue reading . . .
by Kent Scheidegger · Oct 5, 2020 9:17 am
Today is the First Monday in October, the first day of the new term for the U.S. Supreme Court. As usual, the new cases the Court has taken up in its opening conference were announced last week, see this post, and today’s orders list contains a very long list of cases turned down. Along with shooting down the Stairway to SCOTUS suit against Led Zeppelin, there are a few other items of interest from the orders list. Continue reading . . .
by Kent Scheidegger · Oct 2, 2020 8:31 am
The U.S. Supreme Court issued a short orders list this morning with cases it decided to take up at its conference Tuesday. They are all civil cases. Amy Howe summarizes them on her blog. Continue reading . . .
by Bill Otis · Sep 19, 2020 11:18 am
My wife, Federalist Society co-founder and former Scalia clerk Lee Liberman Otis, wrote an appreciation of Justice Ginsburg that I’d like to share.
by Kent Scheidegger · Sep 18, 2020 5:17 pm
Justice Ruth Bader Ginsburg died today at the age of 87. Nina Totenberg has this report at NPR. Justice Ginsburg often disagreed with CJLF’s positions and had a different philosophy of the proper way to interpret the Constitution. Even so, we respected the fact that she had a principled approach to judging, not merely voting for the argument that produced the result favored by those of a given ideology. Continue reading . . .
by Bill Otis · Sep 9, 2020 5:14 pm
President Trump today put out a new list of potential SCOTUS nominees, in addition to the list he put out four years ago.
by Kent Scheidegger · Sep 3, 2020 2:13 pm
The Supreme Court and the judiciary were barely mentioned at the Democratic National Convention, says Ilya Shapiro in this op-ed in the WSJ. That non-event does seem to be a “curious incident,” to borrow Sherlock Holmes’s famous observation in The Adventure of Silver Blaze. Continue reading . . .
by Kent Scheidegger · Aug 20, 2020 3:17 pm
On Tuesday, August 18, the Supreme Court issued an order in Mnuchin, et al. v. Collins, et al., No. 19-563 and the cross-appeal that began, “Mnuchin, et al., shall file an opening brief on the questions presented by the petition in No. 19-563, limited to 13,000 words, by Monday, August 17, 2020….” Continue reading . . .
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