In the modern era, there is no precedent for the Senate to hold up a Supreme Court nomination in an election year when a Supreme Court Justice dies
Since 1900, there have been only four Supreme Court vacancies in Presidential election years -- and only one vacancies arose from the death of a Justice.
Joseph Rucker Lamar died on 1/2/1916, and was replaced six months later (6/1/1916) by Louis Brandeis. Read more about Replacing Scalia -- A historical perspective
It has become a commonplace observation amongst historians of the interface between politics and jurisprudence that the enunciation of Roe v Wade, as much as it brought immediate relief from unwanted pregnancy to hundreds of thousands of women, had the perverse effect of truncating the slow but inexorable progress of democratic reform of patriarchal anti-choice law.
In light of the Supreme Court's decision on the Voting Rights Act, upholding the principle that States must be treated equally under the Constitution when it comes to new voting legislation they enact, but people, in relation to their exercising their voting rights, not so much; there's a real need for proposals to make Section 5 of the Voting Rights Act operative again by re-writing Section 4. Here's a modest proposal. Read more about A Modest Proposal on Voting Rights
There are no operational or legislative constraints which prevent the Federal government from eliminating deficits and debt forever.
Cynical subversion triumphs in the national debate on tax policy. Ezra Klein's review of the Tax Policy Center's report further dissects Romney's Tax Plan so that the regular guy can appreciate just how much worse off he will be with Romney. But what none of these analyses of the Romney or the Obama Tax Plans question is the fundamental rationale for taxation and borrowing to generate revenue in the first place. Read more about I'm Jus' Sayin'
The SCOTUS' next pending Corporate Personhood Debacle: Should Corporations Have More Leeway to Kill Than People Do?
This week, the Supreme Court will hear a case with many potential ramifications for American and international law, and for corporate responsibility for human rights around the globe. The justices will be asked to decide whether the corporations to which they have been extending the rights of individuals should also be held accountable for crimes against human rights, just as individuals are.
...in September 2010, a divided Second Circuit ... held that only individuals, and not corporations, can be sued under the statute.
On January 19, 2011, in Nelson v. NASA, the Supreme Court decided 8-0 in an opinion written by Samuel Alito that any government employee, even those who do not work with classified materials must submit to intrusive background checks. Read more about Nelson v. NASA: All Your Information Are Belong to Us
At what point do progressives stop being Democrats' whipped dogs and start acting like a movement capable of putting the Dems in their proper place as the party of the people? David Sirota wrote today about Obama's latest call to increase war spending beyond its already ludicrous proportions. Read more about Enough waiting. Let's rebuild the Progressive Party of the United States.
Jon Walker over at Fire Dog Lake makes a very effective argument about why learning the wrong lesson from the defeat of Martha Coakley in Tuesday's Massachusetts Senate race will lead to disaster. Read more about Lessons that should be learned from Coakley's defeat, but probably won't be.
Via ThinkProgress, G. Gordon Liddy on Sotomayor:
LIDDY: Let’s hope that the key conferences aren’t when she’s menstruating or something, or just before she’s going to menstruate. That would really be bad. Lord knows what we would get then.
Nice. I wonder what former Justice Sandra Day O'Connor and current Justice Ruth Bader Ginsberg think about that? Read more about Big Tent Watch
So a 13-year-old honor student goes to school one day, and her classmate gets busted for having ibuprofen. Classmate fingers the honor student as having supplied the pills ... and the girl ends up strip-searched. Lawsuit ensues, with the aid of the ACLU. The US Supreme Court justices don't seem to care as much about the Constitution and Bill of Rights as about the kiddie-porn imagery, though. Read more about When Stupid Attacks With Pantysniffers' Help
Exxon Mobil Corp. has failed to convince the Supreme Court to halt a human rights lawsuit against it.
The justices, without comment, on Monday rejected the energy company's appeal of a ruling on a 2001 lawsuit filed by International Rights Advocates on behalf of 11 villagers in Indonesia's Aceh province.
The Supreme Court by a vote of 5 to 4 has just handed down a ruling that prisoners at Guantanamo do have a right under the U.S. Constitution, and in particular, the ruling restores habeas corpus to them, giving them the right to challenge their detention in U.S. courts. It does not specifically invalidate the entirety of the odious MCA as far as I can tell.
Need I tell you who the five and who the four were? Read more about Eureka! Habeas Lives! If Only On Life Support
On February 2, 2008, Punxsutawney Phil, the most well known of groundhog Spring prognosticators, did indeed see his shadow and predicted six more weeks of Winter.
However, Buckeye Chuck has challenged the outcome of Groundhog Day, citing the name recognition of Phil – a result of Bill Murray’s solid endorsement of Phil back in 1993.
Groundhog day insiders confirm that it is unlikely that the case of Chuck v. Phil will reach the highest Court.
Counsel to Chuck has advised against any legal action in light of the precedent set forth in Bush v. Gore. Read more about Meteorologists Demand Recount In Groundhog Day Results