Federal Judiciary

Friday round-up

By Kali Borkoski

Wednesday?s oral argument in Arizona Christian School Tuition Org v. Winn ? and how Justice Anthony Kennedy might vote in the case ? continued to garner attention. At the Wall Street Journal, Jess Bravin wonders whether Justice Kagan?s “light touch” might influence the Justice?s vote.  Ashby Jones at Wall Street Journal?s Law Blog and The Arizona Republic also have coverage of the case and Justice Kennedy?s questions at oral argument.

Marcia Coyle of the National Law Journal covered both of Wednesday?s arguments, Arizona Christian School Tuition and Williamson v. Mazda Motors. Ashby Jones also has a post on Wialliamson at the Law Blog in which he observes that the Court?s 2000 decision in Geier v. American Honda Motor Co. ? holding that a plaintiff could not sue Honda for its failure to install airbags in a 1987 Honda ? played a key role at oral argument.

Briefly noted:

• In an article posted on both the Constitutional Accountability Center?s Text & History blog and Balkinization, David Gans discusses an exchange between Justices Alito and Scalia regarding originalism ? specifically, Justice?s Alito?s comment that Justice Scalia wanted to know “what James Madison thought about video games” ? during Tuesday?s oral argument in Schwarzenegger v. EMA.
• The Associated Press has coverage of a recent appearance by retired Justice John Paul Stevens in which the Justice expressed support for the planned Islamic center and mosque near Ground Zero. (Thanks to Howard Bashman at How Appealing for providing a link.)
• The Chestnut Hill Local reports on Justice Breyer?s visit to speak with schoolchildren in Philadelphia.
• Crime and Consequences takes a look at the re-listed cases that will be considered at today?s conference.
• The Washington Post has a story on FantasySCOTUS, an online game to predict the outcome of Supreme Court cases; in an effort to raise public awareness, the game?s creators have created a version for schools.
• At the Concurring Opinions blog, Gerard Magliocca has a post titled “Interesting Cases You?ve Never Heard of ? The Pueblo Indians” in which he discusses the Court?s 1876 opinion in United States v. Joseph.
• At the Volokh Conspiracy, Eugene Volokh reports that the Court has called for a response from the state in Herrera v. Oregon, in which he challenges that state?s practice of allowing criminal convictions by non-unanimous juries.

Full post as published by SCOTUSBLOG on November 05, 2010 (boomark / email).