Supreme Court

Boston Globe: Souter Surprised Conservatives with Dissent in Seminole Tribe

Matthew L.M. Fletcher2 Comments

From the Boston Globe:

When he was nominated to the Supreme Court in 1990, David H. Souter vowed to uphold the “original intent” of the Constitution, words that his backers interpreted to mean he would join the court’s conservative bloc to support states’ rights and limit the reach of federal power.

But as a Supreme Court justice, Souter has often infuriated his initial supporters by repeatedly siding with the court’s liberal wing on issues from abortion to crime, all the while arguing that the founders would have supported his interpretations.

Indeed, legal scholars said, Souter’s two most significant legacies on the court have been his resistance to the erosion of federal power in the 1990s and his insistence that there need not be a conflict between respecting the founders’ intent and backing liberal causes.

Souter’s writing “shows us you can be an originalist without being a conservative,” said Linda Coberly, a Chicago lawyer and former Supreme Court clerk.

Continue reading →

Simpsons on Souter

Matthew L.M. Fletcher

Our favorite pop culture reference to Justice Souter….

Vodpod videos no longer available.

more about “Simpsons on Souter“, posted with vodpod

NPR Reports Souter Will Retire

trentcrable

At the end of the term. Read the story here.

SCT Denies Cert in California Revenue Sharing Cases

Matthew L.M. Fletcher

The Supreme Court denied cert earlier this week in two of the cases that are part of a trilogy of California gaming cases (here is the Court’s order list). Those cases were docket nos. 08-931 (CACHIL DEHE BAND OF WINTUN) and 08-1030 (RINCON BAND OF LUISENO MISSION). A third petition is still pending, but one expects that one to be denied as well (no. 08-1208 — San Pasqual).

All of the petitions are available here.

Supreme Court Takes No Action on Border Fence Case

Matthew L.M. Fletcher

Here is today’s order list, and commentary on El Paso v. Napolitano from SCOTUSblog:

The Court took no action on a new attempt to challenge the constitutionality of the sweeping powers Congress gave to the federal government in 2005 to set aside federal, state and local laws that may get in the way of building a 700-mile-long “secure fence” along the U.S.-Mexico border.  The Court turned down the first test, last June. The new case is El Paso County, et al., v. Napolitano (08-751).  The dispute could present the Court with an opportunity to make use of the rare power to strike down a federal law on the theory that Congress had given away too much of its legislative power to the Executive Branch.  That power has not been used for 74 years.

The cert petition is here. Ysleta del Sur Pueblo is a petitioner.

Supreme Court Justices Keep Citing Cases Roberts And Alito Are Too Young To Remember

Matthew L.M. Fletcher

From the Onion:

Although three years have passed since both men joined the court, Chief Justice John Roberts, 54, and Associate Justice Samuel Alito, 59, said they still feel foolish whenever more senior justices refer to cases decided “way before” they joined the court. “One time—one time—I asked what World-Wide Volkswagen v. Woodson was, and Stevens goes off on this tear about me still being in diapers when Earl Warren was inventing Miranda rights,” Alito said of the 88-year-old justice appointed by President Gerald Ford. “God, sorry I didn’t get my law degree before World War I, geez.” According to court clerks, the two younger justices occasionally get so frustrated with the constant teasing that they take a bus to go spend time with their friends in the 9th Circuit.

Federal Government Cert Opposition Brief in Marceau v. Blackfeet Housing Authority

Matthew L.M. Fletcher2 Comments

Here is the government’s cert opp in this important sovereign immunity case — federal-cert-opp-marceau

The Supreme Court Project’s materials are here and the cert petition is here.

Results of Third Turtle Talk Poll — 67% See Supreme Court Denying Cert in the Snowbowl Case

Matthew L.M. Fletcher

Most voters do not see the Supreme Court granting cert in Navajo Nation v. USFS — 67 percent. About 26 percent think the Court will grant cert. Seven percent see a settlement before the Court reaches an outcome.

NYTs on Justice Thomas

Matthew L.M. Fletcher

From the NYTs:

Justice Clarence Thomas has not asked a question from the Supreme Court bench since Feb. 22, 2006. He speaks only to announce his majority opinions, reading summaries in a gruff monotone. Glimpses of Justice Thomas in less formal settings are rare.

But he turned up in a Washington ballroom the other night to respond to questions from the winners of a high school essay contest. His answers and the remarks that preceded them provided a revealing look at Justice Thomas’s worldview these days.

Continue reading →

Supreme Court Cert Petition in Border Fence Case

Matthew L.M. Fletcher2 Comments

The case is captioned County of El Paso v. Napolitano (No. 08-751). Ysleta del Sur Pueblo is one of the petitioners. SCOTUSblog has it as one of the “petitions to watch” for the April 17 conference.

From SCOTUSblog:

Docket: 08-751
Title: El Paso, Texas, et al., v. Janet Napolitano, Secretary of Homeland Security, et al.
Issue: Whether the grant of authority to the Secretary of Homeland Security to “waive all legal requirements” necessary to ensure rapid construction of a border fence is an unconstitutional delegation of legislative power or sufficient to preempt state and local law.