U.S. Supreme Court

What the President Should Look for in a Judicial Nominee

Presumptive Democratic presidential nominee Barack Obama says he wants judicial nominees to have empathy. Presumptive Repubican presidential Nominee John McCain says he does not want activist judges. But what that all means and what the presidential candidates should really be saying about judicial selection was the subject of a lively…

Aug 8, 2008 10:08 PM CDT

ABA Among Five Groups Urging High Court to Hear Judicial Recusal Case

The American Bar Association is urging the U.S. Supreme Court to decide whether the due process clause limits a judge’s ability to hear a case after receiving substantial contributions from a litigant. The ABA is asking the Supreme Court to hear an appeal that claims West Virginia Supreme Court Justice…

Aug 6, 2008 4:56 PM CDT

Supreme Court Permits Execution of Killer in International Law Dispute

A convicted killer whose appeal over treaty obligations sparked several international law rulings has been put to death. Jose Medellin was executed after the U.S. Supreme Court said in a 5-4 opinion that it would not impose a stay, the Houston Chronicle reports. He had been convicted in the strangulation…

Aug 6, 2008 10:57 AM CDT

Cert Petition Claims Campaign Contributions Required Judicial Recusal

A cert petition filed with the U.S. Supreme Court claims West Virginia Supreme Court Justice Brent Benjamin was required to recuse himself in a business interference case because of $3 million in campaign contributions made by a litigant. Former Solicitor General Theodore Olson filed the petition on behalf of the…

Aug 4, 2008 12:26 PM CDT

Justice Kennedy Hits ‘Silly’ Attitude of Critics, Supports Kozinski

Justice Anthony M. Kennedy opened a speech on the rule of law yesterday with some support for his former law clerk, Alex Kozinski. “I am proud that the chief judge, Alex Kozinski, was my law clerk,” Kennedy said, according to an account of his speech in the National Law Journal.…

Aug 1, 2008 3:58 PM CDT

Acquitting Time

After Apprendi, new challenges to sentencing enhancements emerge

Aug 1, 2008 1:05 PM CDT

Qualms Over the Cover

Your June cover photo is, to say the least, in very poor taste. No matter how one feels about the action (or inaction) of the other branches of the federal government regarding appointment of federal judges, your use of the milk carton to make any point does a disservice to…

Aug 1, 2008 1:00 PM CDT

The History Boys

In the term’s biggest cases, the justices offer lessons on English kings and courts

Aug 1, 2008 1:00 PM CDT

Study Labels Thomas Most Partisan Justice, Scalia Most Activist

A law professor’s study of court decisions concludes that Justice Clarence Thomas is the U.S. Supreme Court’s most partisan justice, and Justice Antonin Scalia is the most activist. At the opposite end of the spectrum, Justice Anthony M. Kennedy is most neutral, and Justice Stephen G. Breyer shows the most…

Jul 31, 2008 3:34 PM CDT

Forget Bobbleheads. Scalia T-Shirts Are New High Court Swag

For a while, those bobblehead U.S. Supreme Court dolls were all the rage. Now there is a new kind of high court keepsake: Antonin Scalia T-shirts. A blogger for the Chicago Tribune’s Writ Large spotted a T-shirt reading “Scalia is my homeboy.” Another T-shirt asks, “What would Scalia do?” The…

Jul 31, 2008 2:45 PM CDT

Chief Justice Mum on Health Concerns

One year after he suffered a seizure, Chief Justice John G. Roberts Jr. isn’t answering questions about his health. Legal Times submitted written questions to the justice asking whether he takes medications, he has changed his lifestyle or he has suffered any more seizures. The justice responded with a “no…

Jul 30, 2008 5:23 PM CDT

Appeals Judge Illustrates 9th Circuit Perceptions With Hippies and Warriors

A federal judge has summed up perceptions of the San Francisco-based 9th U.S. Circuit Court of Appeals in pictures. The 9th Circuit has been criticized for liberal rulings and a high reversal rate that reached 90 percent in the last U.S. Supreme Court session. Speaking at a conference of the…

Jul 30, 2008 1:31 PM CDT

Plaintiff Who Won Second Amendment Case Files New Gun Suit

The plaintiff who won a U.S. Supreme Court ruling striking down a ban on handguns in the home has filed a new lawsuit challenging Washington, D.C.’s new gun registration system. Plaintiff Dick Heller seeks to overturn provisions that include a requirement for ballistics tests of registered handguns and restrictions on…

Jul 29, 2008 6:14 PM CDT

Supreme Court Gets First Negative Approval Rating

Only 39 percent of U.S. voters approve of the way the U.S. Supreme Court is handling its job, while 43 percent disapprove, the first negative approval rating for the court in five years of polling. The court got its highest approval rating in May 2007, when 58 percent approved of…

Jul 28, 2008 1:15 PM CDT

Petition Says Snafu Requires High Court to Revisit Child Rape Ruling

The state of Louisiana is asking the U.S. Supreme Court to reconsider its decision barring the death penalty for child rape because of an overlooked fact: The military has a law authorizing the death penalty for child rape. The majority decision by Justice Anthony M. Kennedy found a national consensus…

Jul 22, 2008 11:14 AM CDT