US Supreme Court | Le·gal In·sur·rec·tion - Part 58
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Posted by William A. Jacobson on May 12, 2010 5 Comments

The Obama administration is beginning to push back against the accusation by four law professors that Elena Kagan had a discriminatory hiring record while Dean of Harvard Law School.I highlighted these claims -- and the paucity of logic behind them -- in my prior post,...

Posted by William A. Jacobson on May 12, 2010 10 Comments

On Monday I posted about Elena Kagan's written answers to the Senate Judiciary Committee in connection with her nomination for Solicitor General. I noted that while Kagan evaded and talked around many questions, which is all too typical for a nominee, Kagan did not avoid the...

Posted by William A. Jacobson on May 11, 2010 3 Comments

Phew:We'd heard the former governor actually dated Kagan when they were students at Harvard, but a spokeswoman for Spitzer denied any love connection. "They have been good friends since 1977 -- when they were college freshmen. They never dated," said Spitzer's rep.Not that there would...

Posted by William A. Jacobson on May 11, 2010 3 Comments

I have the answer to the question of why we get conservative rock stars nominated for the Supreme Court, while they get groupies.Here it is:So keep banging the spoon on the high chair.--------------------------------------------Related Posts:The Great Deception of 2008And Now We Stereotype Blacks As LiberalsFollow me...

Posted by William A. Jacobson on May 11, 2010 9 Comments

The NY Times laments that liberals cannot manage to get a full-throttled liberal nominee on the Court to do battle with Antonin Scalia (emphasis mine): The selection of Solicitor General Elena Kagan to be the nation’s 112th justice extends a quarter-century pattern in which Republican...

Posted by William A. Jacobson on May 10, 2010 4 Comments

In a post early this morning, I noted that in written answers to questions in connection with her confirmation hearings for Solicitor General, Elena Kagan wrote:"There is no federal constitutional right to same-sex marriage."In response to my post, Allahpundit (here and here), Ann Althouse and...

Posted by William A. Jacobson on May 10, 2010 26 Comments

Later this morning, Elena Kagan will be nominated for the Supreme Court seat currently held by John Paul Stevens. The meme has taken hold that Kagan is a stealth candidate who has avoided taking positions on important constitutional or other issues throughout her career. But on one...

Posted by William A. Jacobson on May 09, 2010 16 Comments

The left-wing blogosphere hates Elena Kagan. Really. The venom percolating up from the depths of the nutroots is getting pretty toxic.For the most part, the right-wing blogosphere is sitting back and enjoying how people like Glenn Greenwald are tripping all over themselves to attack Kagan...

Posted by William A. Jacobson on May 07, 2010 4 Comments

Elena Kagan "reportedly" is going to be Obama's pick. Which means that Elena Kagan probably will not be Obama's pick, or at least don't bet on it.Quite the topic in the law-related blogosphere is Kagan's sparce paper record, at least in comparison to other nominees...

Posted by William A. Jacobson on April 30, 2010 8 Comments

... if you want to be able to continue using terms like Nazi, Communist and Apartheid to describe the new Arizona immigration law. Or if, like President Obama, you want to claim that the law would allow people to be questioned merely for going out...

Posted by William A. Jacobson on April 17, 2010 12 Comments

Dana Lithwick asks What Are Liberal Law Students So Sad About? Her conclusion is that liberal law students are sad because their liberal legal heroes can't seem to get on the Supreme Court:Since it's April, and America's law students have nothing else to do (kidding!),...

Posted by William A. Jacobson on April 17, 2010 13 Comments

A rumor -- apparently denied -- that possible (likely?) Supreme Court nominee Elena Kagan is gay set the White House on a "scorched earth" attack on CBS News, where the rumor was reported in a blog. The reaction in the left-wing blogosphere has been equally...

Posted by William A. Jacobson on April 12, 2010 8 Comments

Someone, somewhere is stoking the notion of Sheldon Whitehouse for the Supreme Court spot being vacated by John Paul Stevens. From the Providence Journal:Sen. Sheldon Whitehouse, the Rhode Island Democrat, has appeared on some early lists of prospects whom President Obama may consider - or...

Posted by William A. Jacobson on March 13, 2010 2 Comments

Eric Massa has issues. So does The Other Eric:Attorney General Eric Holder didn’t tell the Senate Judiciary Committee about seven Supreme Court amicus briefs he prepared or supported, his office acknowledged in a letter Friday, including two urging the court to reject the Bush administration’s...

Posted by William A. Jacobson on March 10, 2010 11 Comments

Chief Justice John Roberts, in responding to a question during a law school forum, took the very reasonable position that what happened at the State of the Union address was troubling:"First of all, anybody can criticize the Supreme Court without any qualm," he said, adding...

Posted by William A. Jacobson on March 08, 2010 1 Comment

That seems to be the point of David Savage's intellectually dishonest column in the L.A. Times. Savage tries to link Supreme Court Justice Clarence Thomas to the 2002 "torture memo" written by Thomas' former clerk, John Yoo.Savage's argument is that Thomas' view of the 8th...

Posted by William A. Jacobson on January 29, 2010 9 Comments

Why the sudden slew of attacks on the Supreme Court, specifically Justices Alito and Roberts, by leading Democrats?The decision in the Citizens United case, which struck down on First Amendment grounds some legislative restrictions on campaign speech by corporations, is the excuse but not the...

Posted by William A. Jacobson on January 29, 2010 16 Comments

During the State of the Union address, Barack Obama singled out the Supreme Court for ridicule on its recent campaign finance ruling, which Obama asserted could open the door for foreign campaign contributions: With all due deference to separation of powers, last week the Supreme...