It should not be surprising that the two dissents have sharply different views on how to read the statute. That is the sort of thing that can happen when statutory analysis is so untethered from the text.
- Anthony Kennedy, Antonin Scalia, Barack Obama, Clarence Thomas, Elena Kagan, John Roberts, Politics, Reader Polls, Ruth Bader Ginsburg, Samuel Alito, SCOTUS, Sonia Sotomayor, Stephen Breyer, Supreme Court
Last year’s SOTU did not disappoint drama-seekers. As you may recall, an Article II vs. Article III smackdown took place: President Obama chided the Supreme Court for its Citizens United decision, with six members of the Court sitting a stone’s throw away from him, and Justice Samuel Alito responded by mouthing “not true” at the POTUS.
(Speaking of Citizens United, the decision celebrated its one-year anniversary last week, on January 21. And as Josh Blackman notes, the world has not come to an end, contrary to the dire predictions of distraught liberals. Of course, experts in this area — including some Obama-supporting liberals — told us that Citizens United wasn’t that big a deal.)
Let’s make some predictions, justice by justice….
* Speaking of coffee — for just a dollar a day, less than the cost of your daily Starbucks fix, you can fulfill a poor Bolivian child’s dream of owing you money for the rest of his or her life. [Huffington Post]
* If you’re planning to attend tonight’s event at the New York Public Library — featuring Justice Stephen Breyer, who has a new book out, and Jeffrey Rosen — look for me. If you can’t make it in person but are interested in the proceedings, you can watch them over the web. [FORA.tv]
- David Souter, Nina Totenberg, Old People, Ruth Bader Ginsburg, SCOTUS, Stephen Breyer, Supreme Court
Here’s one talk that Justice Ruth Bader Ginsburg didn’t fall asleep during: her own, a conversation with Nina Totenberg at the 92nd Street Y on Thursday night.
We took note of the fact that RBG dozed off a bit during President Obama’s State of the Union address. As it turns out, Justice Ginsburg has an explanation.
Shortly before 5 p.m., the Supreme Court ruled against broadcast of the Proposition 8 trial, currently taking place in San Francisco. The Court split 5-4, with the majority setting forth its reasoning in a 17-page per curiam opinion. Justice Breyer dissented, joined by Justices Stevens, Ginsburg, and Sotomayor.
You can read the per curiam opinion and Justice Breyer’s (excellent) dissent over here. Analysis and commentary, from Lyle Denniston and Chris Geidner, can be accessed at SCOTUSblog and Law Dork.
(We’ve already told you how we feel about this issue. In addition, about 80 percent of you support broadcast of the Prop 8 trial.)
Prop 8 Court TV blocked [SCOTUSblog]
SCOTUS Blocks Broadcast [Law Dork]
Earlier: Cameras in the Prop 8 Courtroom: Why Not?
Fantasy SCOTUS from the 10th Justice: Grading Forecasts For The First Four Cases of OT09, Plus Prediction TipsBy The 10th Justice
Ed. note: ATL has teamed up with FantasySCOTUS, the premier Supreme Court fantasy league. (For more background, check out this WSJ Law Blog post.) On Fridays, the 10th Justice will analyze league voting to predict how the Supreme Court may decide upcoming cases.
Welcome to the third installment of Predictions of the 10th Justice, brought to you by FantasySCOTUS.net. The league has over 2,000 members, who have made predictions on all cases currently pending before the Supreme Court. Recently, Justice Stephen G. Breyer was asked in an interview about FantasySCOTUS.net. His response: “I don’t think I will bet on it.”
- Diarmuid O'Scannlain, Jon Newman, Merrick Garland, New York Times, Stephen Breyer, Supreme Court Clerks, Weddings
LEWW’s memory isn’t what it once was, but we can’t recall a stronger week in legal nuptials than this one. All six of our featured newlyweds are truly impressive, and a few are even interesting! And not to give anything away, but if you love SCOTUS clerks (and oh, we do!) prepare to curl your toes in ecstasy.
Here are our finalists:
Join us in evaluating these couples, after the jump.
* Left-brainers turn right-brainers in the recession, including a lawyer turned designer about whom we’ve previously written. [USA Today via ABA Journal]
* Bob Cohn of TheAtlantic.com sat down with Justice Stephen Breyer to talk about confirmation hearings, the future of SCOTUS and blogs, and why he might be glad his doppelganger Justice has stepped down. [Ideas/Atlantic]
* Legal experts and prosecutors are grappling with the Supreme Court’s decision in Melendez-Diaz v. Massachusetts. Getting lab analysts out of the lab and into court is a challenge, they say. [Washington Post]
* What’s the payoff for giving up custody rights of Michael Jackson’s children? [MTV]
* A cosmetic surgery company will pay $300,000 to the State of New York for instructing employees to give facelifts to online reviews. [New York Times]
* LA is the country’s meanest city. And Berkeley is the tenth meanest! [Los Angeles Times]