- Coming up next Tuesday, Sept. 18, in Washington: Cato Constitution Day. Be there! [schedule]
- In the unlikely event Congress enacts federal limits on state malpractice suits, Prof. Randy Barnett says he expects to help with a court challenge [Andrew Cochran, earlier]
- Michael Uhlmann reviews Michael Greve’s The Upside-Down Constitution, and Greve responds [Claremont, Liberty and Law] A New Hampshire story: our “cooperative federalism” can’t replace a simple bridge [Mark Steyn]
- Broad discretionary search of citizens’ private papers? FISA strains Fourth Amendment [Julian Sanchez]
- Paging Akhil Amar: Romney on Meet the Press says “I am as conservative as the constitution” [Tucson Citizen] Randy Barnett vs. Amar on progressive constitutionalism [WSJ, Volokh]
- “Constitutional Places: The Carolene Products Factory That Straddled The Border Between Missouri and Oklahoma, But Did Not Engage In Interstate Commerce” [Josh Blackman, with picture and diagram of filled-milk plant]
- “More thoughts on Justice Sutherland” [Magliocca, ConcurOp]
- Seize first, compensate later? Cato files amicus in raisin-farmer takings case [Ilya Shapiro]
- “What Were They Thinking: The Supreme Court in Revue 2011” [John Elwood & Eric White, Green Bag, PDF]
Posts Tagged ‘Supreme Court’
“Recent Unsent E-mails from Antonin Scalia to Richard Posner”
Satire by Kyle Graham about some high-level legal-literary feuding.
“Rasmussen poll: only 7 percent of public supports principle of Wickard v. Filburn”
“Rasmussen has a poll out today that shows that only 7 percent of Americans support Wickard v. Filburn, the 1942 Supreme Court case upholding the use of the Commerce Clause to regulate a farmer’s wheat growing for personal consumption.” [Ammon Simon, NRO “Bench Memos”] David M. Wagner: “Too bad nine of ’em are on the Supreme Court.”
Medical roundup
- How’d we get shortages of hospital and community sterile injectables? Check out the role of FDA Good Manufacturing Practice (GMP) regs, warning letters, and resulting plant closures [Tabarrok, with comments controversy; earlier here, here, here, etc.]
- California orthopedist sues, wins damages against medical society that took action against him based on his testimony for plaintiff in liability case [American Medical News; earlier here, etc.]
- Can’t have that: medical apology should be opposed because it “can create an emotional connection with an injured patient that makes the patient less likely to ask for compensation.” [Gabriel Teninbaum (Suffolk Law), Boston Globe]
- Feds’ war on painkillers is bad news for legit patients and docs [Reuters, Mike Riggs/Reason]
- New federal pilot project in Buffalo will provide concierge-style home care to emergency-department frequent fliers. Spot the unintended consequence [White Coat]
- Dastardly drug companies? Deconstructing Glaxo SmithKline’s $3 billion settlement [Greg Conko, MPT] More: Beck, Drug and Device Law, on suits over “what are mostly medically valid and beneficial off-label uses”. Paging Ted Frank: “HIPAA’s Vioxx toll” thesis may depend on whether one accepts that the premised Vioxx toll has been established [Stewart Baker, Ted’s recent post]
- U.K.: “Lawyers seizing lion’s share of payouts in NHS negligence cases” [Telegraph]
- Silver linings in SCOTUS ObamaCare ruling? [Jonathan Adler and Nathaniel Stewart] “DNC Scientists Disprove Existence of Roberts’ Taxon” [Iowahawk humor] Did Ginsburg hint at the court’s direction on the HHS contraception mandate? [Ed Morrissey, Hot Air]
[cross-posted at Cato at Liberty]
Judges roundup
The good, the bad, and the beyond belief:
- “Ten Commandments” judge no favorite with business defendants: “Trial lawyers putting their campaign cash behind Roy Moore for Alabama chief justice” [Birmingham News via Charlie Mahtesian, Politico; same thing twelve years ago]
- From James Taranto, a brief history of Supreme Court leaks [WSJ “Best of the Web,” mentions my Daily op-ed]
- Pennsylvania: Judge’s swearing-in ceremony “was filled with appreciation to those who helped him get elected, including some convicted felons” [Judges on Merit; Walter Phillips, Philadelphia Inquirer]
- Roberts just carrying forward the Frankfurter-Bickel-Bork tradition of judicial deference? [Steven Teles, Carrie Severino, further Teles] Ted Olson on just-finished Supreme Court term [FedSoc and video]
- Columnist-suing attorney doesn’t lack funding in race for appellate judgeship in Illinois’ Metro-East [Chamber-backed Madison County Record]
- Study: SCOTUS Justices time their resignations depending on political party of President [James Lindgren, Volokh]
- Alameda County judge charged with elder theft, perjury [The Recorder]
- Profile of 5th Circuit’s Edith Jones; law wasn’t her first career choice, and Cornell riots influenced her path [Susanna Dokupil, IWF]
“Op-Ed: Supremely Unsecretive”
New mixed drinks, in honor of The Case
Among them, The Randy Barnett: “Activity tonight, inactivity tomorrow!” [Tristyn Bloom]
ObamaCare decision roundup II
- The article everyone’s talking about on John Roberts’s switch [Jan Crawford, CBS] But who were her sources?
- “ObamaCare Lost on the Medicaid Mandate & Commerce Power. It May Yet Lose on the Tax Power” [Michael Cannon, Cato]
- The ultimate, and I do mean ultimate, link roundup [Joshua Matz, SCOTUSBlog]
- Opinion reactions: Steve Chapman, Michael Barone.
- A view from Left: conservatives lost Thursday, and purported silver lining’s not even tin [Lemieux] NFIB v. Sebelius “the most important court victory for liberalism in my lifetime.” [Joey Fishkin]
- Not Marbury, no way, no how [David Wagner, Ninomania]
- “Polarization and legitimacy: why we’re wigging out” [Will Wilkinson, The Economist]
- Call off the celebrations, it’s just a satire: “Supreme Court Strikes Down All Laws Signed By Barack Obama” [Balkin]
- Don’t forget that Cato’s star-packed event looking at the meaning of the NFIB v. Sebelius decision will take place live on the web tomorrow, Monday, Jul. 2, 1:30-4:45 Eastern.
- And I’ll be the guest on the “Pundit Review” show this evening at 7:30 Eastern on Boston’s RKO with Kevin Whalen to discuss Thursday’s ruling.
Constitutional law roundup
As everyone waits for the ObamaCare ruling…
- Justice Kennedy often votes with right half of Court on economic issues, left on social — if only there were a word for that [David Boaz]
- SCOTUS decisions on evidence, Indian law remind us of inadequacies of “red-blue” stereotype of Court divisions [Hans Bader]
- “Can the Government Destroy Property Values ‘Temporarily’ Without Compensation?” [Ilya Shapiro, Cato]
- New book on how a 1987 Supreme Court decision opened up Indian gaming [James Huffman reviews Ralph Rossum, LLL]
- “That’s Not Kosher: How Four Jewish Butchers Brought Down the First New Deal” [Steven Horwitz, The Freeman]
- Except for, like, not demanding damages or trial or things like that? Declaration of Independence described as “founding lawsuit.” [John Goldberg via TortsProf]
- New book reviews in Federalist Society “Engage”: Richard Epstein on John Inazu, Liberty’s Refuge: The Forgotten Freedom of Assembly, and Robert Gasaway on Michael Greve, The Upside-Down Constitution]
Knox v. SEIU
My colleague Ilya Shapiro hails as “a major victory for individual liberties” today’s Supreme Court decision in Knox v. SEIU, in which a five-member majority, reversing the Ninth Circuit, upheld the right of union members not to be assessed political contributions without their consent; Justices Ginsburg and Sotomayor concurred in the result but not the majority opinion, while Justices Breyer and Kagan dissented. More: Damon Root, Reason; Daniel Fisher, Forbes; Trevor Burrus, Cato (quoting Justice Alito’s majority opinion: “the effect of the SEIU’s procedure was to force many nonmembers to subsidize a political effort designed to restrict their own rights.”).