Quote of the Day

We don’t respond to criticism. Judges use what’s known as the rope-a-dope trick. It’s judicial tradition.

– Justice Antonin Scalia, speaking yesterday at the University of Southern Mississippi. Citing precedent set in Ali v. Foreman, Justice Scalia declined to answer a question about President Barack Obama’s controversial statements about the Supreme Court earlier this week.

Tom Goldstein

I’m really sorry about that.

Tom Goldstein, publisher of SCOTUSblog, commenting on the Supreme Court decision rendered in Florence v. Board of Chosen Freeholders of County of Burlington. Goldstein, who argued on behalf of the petitioner in that case, made this remark while speaking as a guest on The Daily Show with Jon Stewart.

(In the wake of President Obama’s comments on the Court’s “judicial activism,” what did Goldstein have to say about the Nine’s stance on Marbury v. Madison? Find out, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: Strip Searches Are Funny on Cable TV”

[T]he fact that it is constitutional and commonplace does not quiet the nagging sense that hate crime legislation resembles something from an Orwell dystopia. Horrific crimes deserve stern justice, but don’t we want to be careful about criminalizing a defect of character? Because our founders believed that democracy requires great latitude for dissent, America, virtually alone in the developed world, protects the right to speak or publish the most odious points of view. And yet the government is authorized to punish you for thinking those vile things, if you think them in the course of committing a crime.

Bill Keller, former executive editor of the New York Times, in an op-ed piece discussing the cases of Tyler Clementi and Trayvon Martin.

(A law professor makes a cameo in the column, after the jump.)

double red triangle arrows Continue reading “Quote of the Day: Hating on Hate Crime Laws”


This case is a perfect illustration of what happens when divorce meets recession meets downsizing.

Howard London of Beermann Swerdlove, commenting on the particulars of client David McLauchlan’s case.

(McLaughlan, a former partner at Locke Lord Bissell & Liddell, was asked to leave the firm during the height of the recession due to his declining billables. McLaughlan’s income was reduced significantly — so much so that he could no longer afford his alimony payments.)

I feel queasy just looking at this photo of Nutriloaf.

Deliberate withholding of nutritious food or substitution of tainted or otherwise sickening food, with the effect of causing substantial weight loss, vomiting, stomach pains, and maybe an anal fissure (which is no fun at all, see http://en.wikipedia.org/wiki/Anal_fissure (visited March 15, 2012)), or other severe hardship, would violate the Eighth Amendment.

– Judge Richard Posner, in Tuesday’s ruling in Prude v. Clarke. The Seventh Circuit reinstated a lawsuit filed by a prisoner who alleged that being fed nutriloaf (a.k.a. Nutraloaf) in the Milwaukee County Jail amounted to cruel and unusual punishment.

(Judge Posner had more strong words to say about nutriloaf, as well an in-depth analysis to answer this crucial question: what the heck is nutriloaf?)

double red triangle arrows Continue reading “Quote of the Day: Hopefully He Doesn’t Know From Personal Experience”

Justice Antonin Scalia

My approach would be to say that if you take the heart out of this statute, the statute’s gone.

– Justice Antonin Scalia, commenting on what might happen to the Patient Protection and Affordable Care Act if the individual mandate were struck down as unconstitutional by the Court.

(How open is Justice Scalia to reviewing the particular provisions of Obamacare to decide which provisions should stand and which should fall? Let’s find out….)

double red triangle arrows Continue reading “Quote of the Day: Shot Through the Heart / And Congress Is to Blame / You Give Obamacare a Bad Name”

The law is for muppets!

– Ninth Circuit Chief Judge Alex Kozinski, at a Fordham Law moot court competition. According to a tipster, Judge Kozinski was alluding to the very public resignation of Greg Smith from Goldman Sachs last week, in the course of dismissing a student’s point that the panel should rely solely on the law to decide the case.

I swear to faithfully fulfill the sacred mission of legal workers in socialism with Chinese characteristics. I swear my loyalty to the motherland, to the people, to uphold the leadership of the Communist Party of China and the socialist system, and to protect the dignity of the Constitution and laws.

– A new oath of loyalty Chinese lawyers must swear to the Communist party. The vow is not sitting right with, well, pretty much anyone.

Today’s opinion opens a whole new field of constitutionalized criminal procedure: the field of plea-bargaining law. The court announces this new field in opinions that almost seem designed to sow confusion.

– Justice Antonin Scalia discussing his dissents in Lafler v. Cooper and Missouri v. Frye. The Supreme Court’s 5-4 split decisions in both cases (published today) extended the constitutional right to effective legal assistance in cases of plea bargain deals that are rejected or lapsed due to bad lawyer advice.

The court does not expect the parties to hold hands and sing ‘Kumbaya’ around a campfire beside the Medina River. Nor does the court expect the respondents to engage in a public spectacle of self-flaggellation for communicating words better left unsaid. Moreover, the court does not expect plaintiffs to become Traditional Christians, though the court suggests plaintiffs might follow the moral and civility lessons of Matthew 5:39 (‘if someone strikes you on the right cheek, turn to him the other also’)[.]

– Chief U.S. District Judge Fred Biery’s “non-Kumbaya” order in a contentious San Antonio-area school prayer case.

Page 61 of 981...575859606162636465...98