Linda Greenhouse on Supreme Court Nominations and the Gun Lobby

Here.

An excerpt:

Back in 2009, when President Obama chose Judge Sonia Sotomayor as his first Supreme Court nominee, the White House expected that her compelling personal story, sterling credentials, and experience both as a prosecutor and, for 17 years, as a federal judge would win broad bipartisan support for her nomination. There was, in fact, no plausible reason for any senator to vote against her.

The president’s hope was Senator Mitch McConnell’s fear. In order to shore up his caucus, the Senate Republican leader asked a favor of his friends at the National Rifle Association: oppose the Sotomayor nomination and, furthermore, “score” the confirmation vote. An interest group “scores” a vote when it adds the vote on a particular issue to the legislative scorecard it gives each member of Congress at the end of the session. In many states, an N.R.A. score of less than 100 for an incumbent facing re-election is big trouble.

Creepy.

United States Cert Opposition Brief in Equal Justice Act Petition involving Menominee Officials

Here is the cert opp in Pecore v. United States:

US Cert Opp [Pecore]

The petition (and my musings about this case), here. The cert opp brief lays waste to my theory.

 

Ward Churchill Cert Petition

Here is the petition in Churchill v. University of Colorado:

Churchill v Regents Cert Petition

Questions presented:

I. Does a bad faith investigation of all of a tenured professor’s writings and public speeches, undertaken by state university officials in retaliation for the exercise of constitutionally protected speech and with the stated purpose of finding grounds for termination, violate a clearly established right and create a freestanding First Amendment cause of action?

II. Should absolute, quasi-judicial immunity completely shield a state university and its board of regents’ termination decisions, even when a jury has determined that these officials fired a tenured professor in retaliation for speech protected by the First Amendment and would not have fired him but for his exercise of free speech?

Lower court materials here.

Indictment in Illegal Gambling Activity on St. Regis Mohawk Reservation

Here is the indictment in United States v. Gray (N.D. N.Y.):

US v Gray et al Indictment

Press release here.

Pechanga coverage here.

Qui Tam Action against Duck Valley Shoshone Paiute Tribes Dismissed

Here is the order in United States ex rel. Howard v. Shoshone Paiute Tribes (D. Nev.):

2012-12-27 Order Dismissing Case

Briefs are here.

“Rough Justice in Indian Child Welfare” in South Dakota

And here is some of the information on which the story is based — it’s a portion of the interrogation video, now a court document, of four Native children in South Dakota who were accusing their nonNative foster parents of sexual and physical abuse. The portion of the video chosen did not include the children in order to protect their privacy; the agents are off-camera, discussing their interrogation strategy, and don’t realize they’re being picked up on the mic.

News Profile of Snoqualmie Leadership/Membership Fight

Here.

Ninth Circuit Rejects Challenge to EPA Permitting of Arctic Waters Oil Exploration

Here is the opinion.

REDOIL is an acronym for Resisting Environmental Destruction on Indigenous Lands.

News Coverage of White Earth Chippewa Constitution Vote

Here.

Strange Article on Michigan Casinos and Fiscal Cliff

Here, h/t Pechanga.

The lede:

Michigan’s casino industry could face some problems if the nation falls off the ‘fiscal cliff’ at the end of the year.

The meat:

Jake Miklocjik is an analyst who closely follows the casino industry in Michigan.   He says the state’s two dozen casinos should fare better than those in Las Vegas, since the Michigan casinos are closer to their core clientele.

“By itself, when I look down through the fiscal cliff issues…I don’t really see a big impact on Michigan casinos,” says Miklocjik.

Miklocjik says Michigan’s casinos face more threats from other forms of gambling than they do from the fiscal cliff.

Huh?