Wednesday, September 24, 2014


Famous Supreme Court Plaintiffs: a Quiz; Can you recognize Dred Scott? Jane Roe? Ernesto Miranda? [Slate, 9/24/14]: One of the oddities of our constitutional system is the random way in which a normal, unremarkable human person can become synonymous with an entire legal rule or principle. The names of the plaintiffs in some of the most famous cases in Supreme Court history may be remembered for centuries. But do we remember their faces? 

Drama, controversy marked the first Supreme Court justices [Constitution Daily, 9/24/14]: It was 227 years ago today that Congress signed the law that created the framework for the Supreme Court, and a look back at the first court shows personal drama that included a justice dodging creditors, a failed suicide attempt, and a chief justice who was America’s most hated man, for a time.

LII Supreme Court Preview for New Term [LII, 9/23/14]: The Supreme Court will hear ten cases in October.  As always, the students who staff our Supreme Court Bulletin will tell you everything you need to know about the background, arguments, and larger significance of each and every case the Court will hear all term.  We'll deliver each preview to your inbox in plenty of time to keep you apprised of all that's going on at the Court.  Meanwhile, what follows is a quick "preview of the Previews" to let our subscribers know that October holds something for everyone. Check out:
You can subscribe:

Roberts at 10 [Constitutional Accountability Center, 9/24/14]: A Look at the First Decade of John Roberts's Tenure as Chief Justice.

Chemerinsky: Federal courts could turn on next 2 elections [OC Register, 9/24/14]: Among the most important numbers in contemplating the 2016 presidential election and, for that matter, the races this November for the U.S. Senate, are 81, 78, 78, 76. These are the ages, respectively, of Supreme Court Justices Ruth Bader Ginsburg, Antonin Scalia, Anthony Kennedy and Stephen Breyer. Who replaces them, and who serves on the lower federal courts, will affect each of our lives for decades to come.

Ruth Bader Ginsburg: Why I can't resign now [Politico, 9/24/14]: Supreme Court Justice Ruth Bader Ginsburg is pushing back against suggestions that she should soon retire, saying President Barack Obama would be unable to get a justice like her through the Senate.

Editorial: Supreme Court must restore states' rights in defining marriage; Justices owe it to nation to undo rogue judges' damage [Wash Times, 9/23/14]: The first Monday in October draws nigh, which means Supreme Court clerks are lining up cases for the upcoming term. At the top of the agenda will be, or should be, what to do about flighty federal judges in a dither to nullify properly established marriage laws throughout the country.

America’s New War President [Politico, 9/24/14]: With a broad campaign against the Islamic State in Syria and Iraq, Obama has a chance to remake his legacy.

Barack Obama and Hillary Clinton: It's complicated [Politico, 9/24/14]: Just over a year ago at the request of the White House, Hillary Clinton worked the phones with about a half-dozen senators, trying to sell Congress on authorizing military strikes against Syria. Weeks later, at the Clinton Global Initiative, the former secretary of state defended President Barack Obama against Republican efforts to defund his health care overhaul. 

US provides legal justification for Syrian airstrikes [Jurist, 9/24/14]: The US government on Tuesday insisted in a letter to the UN that the American-led airstrikes in Syria against the Islamic State were legally justified because actions were taken in defense of Iraq. 

First Amendment rights imperiled by overbroad laws restricting nude photos [1st Amend. Coalition, 9/24/14]: The recently-enacted Arizona “anti-revenge porn” law to ban sharing nude photos without permission has come under fired by the media, rights groups, publishers and librarians. The critics claim it is overbroad and would criminalize such common exchanges of photos as those of babies or of  women breast feeding commonly used for educational purposes.
Here’s the ACLU on this:
Here is the ACLU legal complaint:

The Satanic Lawsuit: Do Satanists have religious rights? [Santa Fe Reporter, 9/24/14]: An inmate at Western New Mexico Correctional Facility is suing the state for allegedly infringing on his freedom to practice his religion. His religion? Satanic worship.

N.J. case puts pledge, religion in spotlight [Phil Inquirer, 9/24/14]: Blackwood teenager Samantha Jones grew up reciting the Pledge of Allegiance with the words under God, and she is willing to go to court for the right to keeping saying those words.

Teacher talked of killer robot in class [SD Union-Trib, 9/24/14]: Oceanside Unified School District officials investigated complaints that a teacher threatened to have a robot shoot and kill students, and the educator was allowed to resign and receive a $92,000 settlement instead of being fired.

Students before teachers: Why progressives should defend 'Vergara v. California' ruling [Lawrence Tribe in USA Today, 9/24/14]:My support for curtailing teacher tenure and last-in, first-out layoff rules when they put the needs of adults before children is not a departure from my progressive roots. Rather, it is a natural and common-sense outgrowth.

Scotland’s Vote to Stay in the UK Raises the Question of When Other Groups Should Have the Chance to Secede [Justia, 9/24/14]:  Professor Dorf discusses the recent Scot vote to stay in the UK and considers the broader question of when secession votes should be held, as a matter of international and domestic law.






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