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Arizona's Immigration Law Gets its Day in Court

Today the Supreme Court announced that it has granted the State of Arizona’s petition to review the Ninth Circuit Appellate decision striking down most of S.B. 1070, the controversial state law prohibiting the employment of illegal immigrants and making it a crime for immigrants not to carry …

Written by Howard Foster on Monday December 12, 2011

Only Yesterday

Newt Gingrich endorsed Harriet Miers . Conservatives should feel confident with the selection of Harriet Miers to replace Sandra Day O'Connor on the Supreme Court for a simple reason: George W. Bush selected her.

Written by David Frum on Monday December 5, 2011

Why Kagan Has Skin in the Game

In my last post I argued that Justice Elana Kagan is obliged by 28 U.S.C. 455 (b)(3) of the federal recusal statute, which applies to Supreme Court justices, to recuse herself from the challenge to the Obama Health Care law. The provision requires a judge to recuse if he or she “has served in …

Written by Howard Foster on Monday December 5, 2011

Res Judicata: The Case for Kagan's Recusal

The Solicitor General of the U.S. (a position Elana Kagan held in 2010) is the government’s advocate in every case heard in any federal court. Typically the Solicitor will personally argue some cases in the Supreme Court. He or she will certainly be involved with any case that challenges the …

Written by Howard Foster on Monday November 28, 2011

Kagan is No Rehnquist

Elena Kagan meet Bill Rehnquist. That Bill Rehnquist. Like Kagan, Rehnquist was once young, smart, and ambitious. Like Kagan, Rehnquist served as a political appointee at the Department of Justice. And like Kagan, Rehnquist was once an Associate Justice of the United States Supreme Court. But …

Written by Lloyd Green on Tuesday November 15, 2011

Who is Judge Silberman?

Who is Laurence H. Silberman, the judge who has just written a ruling for the DC Appellate court upholding the President’s healthcare law? He is a judge who came of age at the time when conservatives were responding to the activism of the Supreme Court in the 50's and 60's. He is a …

Written by Noah Kristula-Green on Tuesday November 8, 2011

Now SCOTUS Has to Rule on Obamacare

By a 2-1 vote a panel of the U.S. Court of Appeals for the District of Columbia has upheld the constitutionality of the Patient Protection and Affordable Care Act, President Obama's healthcare law. The plaintiffs, taxpayers rather than states, contended that the mandate to purchase health …

Written by Howard Foster on Tuesday November 8, 2011

SCOTUS Could Force Obama's Hand on Jerusalem

In my column for the National Post, I discuss how a Supreme Court case might force the White House to explain its policy towards Jerusalem: Two can play at this game. Mahmoud Abbas and the Palestinian Authority have abandoned negotiations with Israel. They are seeking UN recognition of …

Written by David Frum on Saturday November 5, 2011

Res Judicata: Anthony Kennedy, The Unprincipled Justice

The brewing controversy about President Obama’s healthcare law means that the case will end up in the Supreme Court. One appellate court has upheld the constitutionality of the law (by a 2-1 vote) and another has struck it down (by a 2-1 vote). Splits on appellate panels are rare. Two split …

Written by Howard Foster on Monday August 22, 2011

Res Judicata: Wal-Mart Decision Ends the "Great Society" in our Courts

In 1966, as part of explosion of federal programs that are collectively known as the so-called “Great Society, ” Congress amended Rule 23 of the Federal Rules of Civil Procedure, which governs “class actions.” Prior to that time such cases were rare even though the Rule had been in existence …

Written by Howard Foster on Monday August 1, 2011

Why Scalia and Thomas Won't Always Agree

Did Justices Scalia and Thomas reach different conclusions in a recent case because of how their parents raised them? Justices Antonin Scalia and Clarence Thomas are both “originalists, ” which means they aspire to interpret the Constitution in accordance with its meaning as understood by the …

Written by John Guardiano on Friday July 8, 2011

Do Gays Need a Court Win For Equality?

Since New York demonstrated that a GOP legislature can be made to support same-sex marriage, is a Supreme Court decision on gay marriage necessary? New York is now the sixth and most populous state to legalize same-sex marriage. Last Friday night was the first time that a Republican-controlle…

Written by Nicole Glass on Wednesday June 29, 2011

SCOTUS: Immigration Isn't Just a Fed Problem

Thursday’s ruling upholding an AZ immigration law doesn't mean that a more controversial measure will stand, but it does suggest the Supreme Court is open to state enforcement. Thursday, the Supreme Court upheld a 2007 Arizona law allowing authorities to revoke the business licenses of companies …

Written by Fred Messner on Thursday May 26, 2011

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