supreme court

Prophylactic Legislation

I wish the Supreme Court would stop using the phrase “prophylactic legislation.” Not only is it vaguely ambiguous and hard to spell, but it conjures up disturbing mental images. Might I suggest “anticipatory” or “preventative” legislation. Just a suggestion to any sitting Justices who happen to come across this blog.


Jeffrey Toobin might forgive Justice Thomas for being black or conservative, but not both

Jeffrey Toobin’s recent article Unforgiven, in this week’s New Yorker, is the latest in a long line of Supreme Court pundits puzzling over the enigma of a Supreme Court Justice who is both black and conservative.
Thomas came of age at a time when broad swaths of American society thought it was time for African-Americans to [...]


How to find out if the Supreme Court granted cert in your case? ScotusBlog

The University of Houston Law Center website had an interesting bit of news last night. The United States Supreme Court granted a writ of certiorari in response to a petition filed by Brent Newton, an Assistant Federal Public Defender who also teaches at the Law Center. This was my favorite part, however -
Prof. Newton said [...]


Supreme Court Justice Clarence Thomas Interviewed on 60 Minutes

Supreme Court Justice Clarence Thomas granted an extraordinary interview to 60 Minutes which aired earlier tonight. You can watch the interview in its entirety on the CBS News Website using the links below.
60 Minutes: Clarence Thomas: The Justice Nobody Knows

Video: The Private Clarence Thomas: Part I
Video: The Private Clarence Thomas: Part II

The portrait that [...]


Postscript

I’ve mentioned the law review write on here, here and here, and am happy to report that my attempt was successful. The casenote concerned Ledbetter v. Goodyear Tire & Rubber Co., 127 S. Ct. 2162 (2007). I’m quite sick of thinking about this case, to be honest, but it occurred to me today that being [...]


Jon Stewart Spins the Justice Wheel for an Update on Supreme Court Decisions

Classic.


Clarence Thomas - Enigma or Man?

Though I’m not normally prone to empathize with Clarence Thomas but having psychological profiles like this written about a personwould be enough to drive me into silence at oral argument. Justice Thomas, it seems to me, embodies the rejection of the sloppy social determinism that so many of his commentators seem desperate to apply to [...]


Inscrutable

Why Clarence Thomas continues to fascinate me - Justice Thomas’s Life A Tangle of Poverty, Privilege and Race.


Checking a Cite, Checking it Twice, Gonna Find Out Who’s Naughty or Nice…

Just in case you were thinking that citation signals were just for show, Howard Bashman relates this cautionary tale -
The exchange began when Justice Samuel A. Alito, Jr. remarked that Tribe’s merits brief did not appear to cite very much authority for a certain point. Tribe remarked that there were two older New York State [...]


Arthur Miller and Scalia Spar in Oral Argument before Supreme Court

If you’re like me the sonorous northern twang of Arthur Miller’s Brooklyn accent (from the CivPro Sum and Substance series) is burned into my brain. For that reason, this brief exchange, from Miller’s oral argument before SCOTUS in Tellabs v. Makor seemed particularly hilarious.
Scalia clearly was on the side of the companies, chiming in from [...]