Federal Judiciary

Wednesday round-up

By Adam Chandler

Here is today?s Court coverage, in brief:

• In his op-ed in yesterday?s New York Times ? which James covered in yesterday?s round-up ? Laurence Tribe argued that the Court?s eventual vote on the constitutionality of the health-care law should not be a close one.  His argument generated a number of responses in the blogosphere: Jonathan Adler of the Volokh Conspiracy, Ann Althouse (and here and here), ACSblog, NPR?s It?s All Politics blog, Aaron Worthing of Patterico?s Pontifications, James Taranto of the Wall Street Journal, Tom Scocca of Slate, and Beverly Mann of Business Insider all weigh in. Jacob Sullum of Reason also discusses the health-care challenge and the Court, with a focus on how Justice Kennedy might vote.

• Lawrence Hurley of ClimateWire (via the New York Times) and the New York Times?s Green blog discuss an amicus brief filed Monday by three Republican lawmakers in American Electric Power Co. v. Connecticut. The brief supports the Obama administration?s position that federal common law (specifically, public nuisance suits) should not be used to police greenhouse gas emissions. Meanwhile, Legal Newsline reports on an amicus brief filed by twenty-three state attorneys general in the case, which will be argued on April 19, as well as on a cert. petition (also involving the public nuisance issue) recently filed by North Carolina Attorney General Roy Cooper against the Tennessee Valley Authority.

• In an ?Opinion Journal Live? video segment at the Wall Street Journal?s Web site, James Taranto defends Justices Scalia and Thomas against criticism by the New York Times, whose editorial board recently alleged that those Justices are ?pushing the line between law and politics.?

• The Washington Post reports that in the wake of District of Columbia v. Heller, which ended the District?s handgun ban, ?hundreds of residents in Washington?s safest, most well-to-do neighborhoods have armed themselves, registering far more guns than people in poorer, crime-plagued areas of the city.? The Associated Press (via the Los Angeles Times) has additional coverage.

• The Associated Press (via KSPR of Springfield, Mo.) reports that the Court declined to stay the execution of a Missouri death-row inmate last night. The inmate, Martin Link, was executed just after midnight.

Full post as published by SCOTUSBLOG on February 09, 2011 (boomark / email).