Stephen Breyer

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.

– Chief Justice John Roberts, benchslapping the dissents by Justices Breyer and Sotomayor in Chamber of Commerce v. Whiting.

(The Court upheld, against a preemption challenge, an Arizona law that provides for suspending or revoking the licenses of businesses that violate state immigration law. Gavel bang: Josh Blackman.)

Justice Alito is going to the State of the Union this year? Not true, not true!

Tomorrow night, many of us will tune in to President Barack Obama’s State of the Union address — hoping to catch more catfighting than on an episode of Jersey Shore.

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.)

Thanks to last year’s juicy Obama v. Alito showdown, numerous commentators have wondered: Will Supreme Court justices attend the State of the Union this year? If so, which ones?

Let’s make some predictions, justice by justice….

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If I’m applying the First Amendment, I have to apply it to a world where there’s an Internet, and there’s Facebook, and there are movies like … ‘The Social Network,’ which I couldn’t even understand.

– Justice Stephen Breyer, in remarks made yesterday at Vanderbilt Law School (gavel bang: ABA Journal).

As for doing what I like, I never do what I like! Ask my wife Joanna….

Justice Stephen Breyer, rejecting the notion that unelected judges can do whatever they want, at an event at the New York Public Library to promote his new book, Making Democracy Work: A Judge’s View.

Justice Stephen Breyer

* An updated version of the Twinkie defense? A Kentucky man on trial for murdering his wife plans to blame it on the caffeine. “If this defense works, partners, lock your doors….” [BL1Y]

* 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]

* Suing for defamation: it’s just not worth it. Larry Joe Davis, the Florida attorney who sued lawyer-rating website Avvo, is dropping his libel claims. [Avvo Blog]

* 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. []

* Blawg Review #282 — that’s a pretty number, isn’t it? — has a theme: Constitution Day. [Defending People via Blawg Review]

Ruth Bader Ginsburg cancer surgery.jpgHere’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.

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Supreme Court 6 Above the Law blog.JPGShortly 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?

The Tenth Justice Fantasy SCOTUS League.jpgEd. 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 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 His response: “I don’t think I will bet on it.”

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champagne glasses small.jpg
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:

1. Lee Bickley and Martin Carr
2. Betsy Anderson and David Gottlieb
3. Karen Dunn and Brian Netter

Join us in evaluating these couples, after the jump.

double red triangle arrows Continue reading “Legal Eagle Wedding Watch 9.6: The Point Is Probably Moot”

brain.jpg* 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 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]

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