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US Supreme Court Tag

Posted by William A. Jacobson on August 12, 2010 9 Comments

The federal judge who ruled that California Prop. 8 violated the U.S. Constitution, and who temporarily stayed his ruling pending further arguments, has now denied the motion to stay entry of judgment of his decision.Judge Vaugh R. Walker just entered an Order which would allow...

Posted by William A. Jacobson on August 05, 2010 16 Comments

Yesterday I made the point that Chief US District Judge Vaughn Walker, who declared California Prop. 8 to violate the U.S. Constitution, was trying a bit too hard to insulate his decison on appeal by engaging in fact finding and credibility determinations on what essentially...

Posted by William A. Jacobson on August 04, 2010 49 Comments

A federal lawsuit was filed in May 2009 challenging Proposition 8, the California referendum which amended the state constitution to define marriage as between one man and one woman. Prop. 8 previously was upheld by the California Supreme Court.The federal lawsuit, Perry et al v....

Posted by William A. Jacobson on July 27, 2010 11 Comments

So many of the important decisions of the United States Supreme Court are decided by a single vote.Often that vote is Anthony Kennedy. Not a bad single vote to have, considering the alternatives.What if Kennedy's single vote didn't matter anymore because Kennedy or one of...

Posted by William A. Jacobson on July 19, 2010 6 Comments

If you were voting:Should Elena Kagan be confirmed?YesNo, but Republicans should NOT filibusterNo, and Republicans should filibuster pollcode.com free polls--------------------------------------------Follow me on Twitter, Facebook, and YouTube...

Posted by William A. Jacobson on June 30, 2010 4 Comments

There is a question no one has asked so far. What did Elena Kagan mean when she wrote, in a prior confirmation hearing when she was nominated for Solicitor General:"There is no federal constitutional right to same-sex marriage."This statement, which seems pretty clear to me...

Posted by William A. Jacobson on June 29, 2010 8 Comments

(Please try not to fall asleep while reading this post.)There is something profoundly depressing about the nomination of Elena Kagan.Kagan has an impressive resume. But ...

Posted by William A. Jacobson on June 16, 2010 1 Comment

Talk about spin, the headlines are screaming 69 law school deans endorse Kagan in letter to Senate:The deans of more than one-third of the nation's law schools have endorsed Elena Kagan's nomination to the Supreme Court, issuing a public letter that praises her legal analysis,...

Posted by William A. Jacobson on May 23, 2010 1 Comment

The Washington Post on Elena Kagan:Kagan's version of middle-age seems stuck in a time warp, back when 50-something did not mean Kim Cattrall or Sharon Stone, "Cougar Town" or "Sex and the City." --------------------------------------------Follow me on Twitter and Facebook...

Posted by William A. Jacobson on May 18, 2010 10 Comments

In Graham v. Florida, the Supreme Court held that it violated the constitutional prohibition against cruel and unusual punishments to imprison someone with no possibility of parole based upon crimes, other than homicide, committed while a juvenile.These lines (at page 40 of the pdf.) in...

Posted by William A. Jacobson on May 16, 2010 9 Comments

A lot of people are upset about these lines in Pat Buchanan's column, Are Liberals Anti-WASP?: If Kagan is confirmed, Jews, who represent less than 2 percent of the U.S. population, will have 33 percent of the Supreme Court seats.Is this the Democrats' idea of...

Posted by William A. Jacobson on May 14, 2010 6 Comments

It's like a class reunion. My law school classmate Elliot Spitzer swears he didn't date Elena Kagan. Now my classmate Ruth Marcus swears Kagan is not gay (and neither is Ruth, she makes sure to note).The main point of Ruth's column is that it's tough...

Posted by William A. Jacobson on May 13, 2010 10 Comments

Not Tea Partiers, gun nuts, wingnuts, NASCAR dads and moms, or bitter clingers.Not loony-lefties, nutroots, socialist revolutionaries, or Kos-sacks.No, there is a gathering crowd with a thirst for revenge, who will not be satisfied unless and until we get on the Supreme Court...

Posted by William A. Jacobson on May 12, 2010 0 Comments

From my favorite political scientist (who lists an outdated place of employment in his post bio)[see update], Can Kagan Win Over Liberals?:Recently, I argued that President Barack Obama should take advantage of the unusually favorable political situation to appoint a strong, proven liberal to replace...

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...

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