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Posted by William A. Jacobson on June 29, 2009 8 Comments
In a 5-4 ruling authored by Justice Anthony Kennedy, the U.S. Supreme Court has reversed the ruling by Supreme Court Nominee Sonia Sotomayor and two other Court of Appeals judges in the case of Ricci v. DeStefano. [Full opinion and analysis below] In Ricci, white...

Posted by William A. Jacobson on May 30, 2009 4 Comments
“There are lies, damned lies, and statistics.” So it is said. We now have reached stage three of the Sotomayor debate, because we are into statistical analysis of her opinions and dissents. First, some backdrop on statistics as relates to Supreme Court nominees. During the...

Posted by William A. Jacobson on May 11, 2009 9 Comments
Cass Sunstein has a problem if he wants to get on the Supreme Court. It’s not his intellect or credentials. According to Elena Kagan, also a contender for the high court, “Cass Sunstein is the pre-eminent legal scholar of our time — the most wide-ranging,...

Posted by William A. Jacobson on April 02, 2009 6 Comments
Controversy is swirling around the appointment of Yale Law School Professor and Dean Harold Koh to the position of State Department Legal Advisor, essentially the top lawyer at State. Koh is being portrayed as willing to apply Sharia law in some circumstances, as is happening...
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