40 min ago
The last honest conservative: Meet the brilliant Ronald Reagan...
Judge Richard Posner has written nearly 40 books, hundreds of articles and thousands of judicial opinions.
5 hrs ago
Chemerinsky: What these 3 decisions tell us about SCOTUS inconsistency
The justices on the Supreme Court often vocally disagree as to how federal statutes should be interpreted.
9 hrs ago
National Review Online
This Day in Liberal Judicial Activisma "September 2
Stewart , the Ninth Circuit addresses whether the Supreme Court's decision in Ring v.
Thu Aug 28, 2014
The Washington Post
Justice Scalia on elitist and populist versions of originalism
In earlier posts, I outlined the difference between elitist and populist versions or originalism , and noted that Justice Antonin Scalia seems to prefer a populist approach , under which the text of the Constitution should be interpreted as understood by ordinary readers at the time of enactment, rather than as understood by legal experts.
Wed Aug 27, 2014
The Doctrine Formerly Known as "Statutory Standing"
Last week, I posted on Hobby Lobby anditseffort to grapple with older cases that had assumedfederal jurisdiction, contrary to the now-settled rule established in Steel Co .
Tue Aug 26, 2014
National Review Online
The Murk of Garrett Epps - Part 1
In an Atlantic essay titled "The Twilight of Antonin Scalia," Garrett Epps displays that he has a severe case of Anti-Scalia Derangement Syndrome.
Mon Aug 25, 2014
Justice Scalia speaks at Idaho water conference
Snake River Basin Adjudication Judge Eric Wildman, seated, signs the SRBA Decree at the Boise Center on the Grove in Boise, Idaho, on Monday, August 25, 2014.
Justice Scalia to speak at Idaho water conference
U.S. Supreme Court Justice Antonin Scalia is the keynote speaker at a conference celebrating Idaho's completion of a 30-year process negotiating water rights.
The Washington Post
Gay couples still fighting for equality with three federal agencies
More than a year after the Supreme Court ruling that allowed federal benefits for same-sex married couples, gays are still struggling for equality with three agencies.
Fri Aug 22, 2014
Supreme Court justices regularly seek to change the errors of their ways
Late in the recently completed Supreme Court term, Justice Antonin Scalia dissented in a little-noticed case about a federal bank fraud law.
Thu Aug 21, 2014
Supreme Court Issues Last-Minute Stay in Va. Gay Marriage Case
In an underwhelming one-paragraph order , the High Court imposed a stay on the 4th U.S. Circuit Court of Appeals' ruling, effectively putting Virginia gay marriage on "pause" until it can be appealed.
The Twilight of Antonin Scalia
When the Supreme Court reassembles in October, the same nine justices will gather in the robing room, but the Court itself will be different.
Thu Aug 14, 2014
Why You Can't Trust The Judiciary, In One Statistic
It's hardly a secret that the best predictor of how a judge will rule in a case seeking to undermine the Affordable Care Act is whether that judge was appointed by a Democratic president or by a Republican , but the Washington Times crunches the numbers and finds a particularly stark divide.
Mon Aug 11, 2014
Summer Vacation: Supreme Court Justices Edition
Everybody needs a little R&R, even our Supreme Court Justices. While the most exciting thing that has happened to our Justices is their fashioning into comic book heroes , they are actually traveling the country on speaking engagements.
Sun Aug 10, 2014
Judges, remember: Cross is a Christian symbol
There has been a disturbing willingness on the part of some judges in recent years to treat the Christian cross as a symbol that isn't, well, just Christian.
Sat Aug 09, 2014
Memo to House Republicans readying to sue Obama: Read The Federalist
House Speaker John Boehner's idea to sue President Barack Obama gained steam last week as the House passed, largely along party lines, a resolution authorizing a suit charging the president with failing to uphold his constitutional duties by unilaterally delaying the implementation of the Obamacare employer mandate.
Thu Aug 07, 2014
Accuracy In Academia
Dear House GOP: Don't Sue Obama
House Speaker John Boehner's idea to sue the president gained steam last week as the House passed, largely along party lines, a resolution authorizing a suit charging the president with failing to uphold his constitutional duties by unilaterally delaying the implementation of the Obamacare employer mandate.
In his Civil Rights and Civil Liberties column, Christopher Dunn writes: The role that colonial practices should play in constitutional jurisprudence has long been debated, with Justice Scalia serving as the most prominent supporter of the view that the guarantees of the Bill of Rights must be grounded in the original intentions of the "Founding ... (more)
Wed Aug 06, 2014
Erwin Chemerinsky: House lacks standing to sue Obama
The vote last week by House Republicans to authorize a lawsuit against President Barack Obama is little more than a high publicity attempt to use the legal system to express Republican disagreement with the White House.
Tue Aug 05, 2014
Midweek Recess: The Rolling Stones, Haunted Houses and the Best Firms for Women
Welcome to Law.com's Midweek Recess, in which we round up some tasty tidbits from the week's legal news cycle.