Federal Judiciary

Friday round-up

By Kali Borkoski

Linda Greenhouse?s recent column for the Opinionator of the New York Times (to which Adam linked yesterday), in which she questioned the motives behind, and effectiveness of, some of Justice Scalia?s recent dissents, has generated several responses.  Ashby Jones at the Wall Street Journal Law Blog has excerpts from both Greenhouse?s post and Orin Kerr?s response (to which Adam also linked yesterday); at Reason, Damon Root sides largely with Kerr, concluding that ?Scalia does have a point.  Today?s harsh dissents do sometimes become tomorrow?s majority opinions.?

The editorial board of the New York Times reflects on the recent oral argument in Ashcroft v. al-Kidd.  In particular, the board notes an amicus brief filed in support of al-Kidd by thirty-one former federal prosecutors, who emphasize the ?settled understanding? that the material witness statute ?has no other purpose? beyond securing a witness?s testimony. The board

The editorial board of the Baltimore Sun reports on proposed legislation that would limit the activities of the Westboro Baptist Church in light of their recent victory in Snyder v. Phelps.  The board ?sympathize[s]? with the sentiments prompting the legislation, but it warns that the legislation might ultimately ?make matters worse? by giving the Church a national stage.

The Associated Press (at NPR) analyzes voting trends in the twenty-three cases decided so far this Term. The article observes that the Court ?has shown a remarkable degree of consensus? so far, but it also notes that ?the term is young.?

Crime and Consequences has linked to a video on C-SPAN of a conversation between ?ideological rivals? Erwin Chemerinsky and John Eastman.  The two discuss, among other things, possible outcomes in challenges to health care reform and same-sex marriage.

The Iowa Independent reports on a bill in the Iowa Legislature that would align the state law with the Court?s holding in Graham v. Florida that juveniles cannot be sentenced to life in prison without parole for crimes other than murder. At his Sentencing Law and Policy blog, Doug Berman has pulled excerpts from the article.

Full post as published by SCOTUSBLOG on March 11, 2011 (boomark / email).