Friday, July 30, 2010

Arizona Enjoined

The full text of Judge Bolton's order in US v. Arizona is here. The first four pages of the order quickly summarize which provisions of the Arizona law can and cannot lawfully be enforced until a final disposition of the case. The final paragraph of the order concludes: 

"A preliminary injunction would allow the federal government to continue to pursue federal priorities, which is inherently in the public interest, until a final judgment is reached in this case.
The Court by no means disregards Arizona’s interests in controlling illegal immigration and addressing the concurrent problems with crime including the trafficking of humans, drugs, guns, and money. Even though Arizona’s interests may be consistent with those of the federal government, it is not in the public interest for Arizona to enforce preempted laws. The Court therefore finds that preserving the status quo through a preliminary injunction is less harmful than allowing state laws that are likely preempted by federal law to be enforced."

Arizona is currently requesting an expedited hearing for its appeal. 

Wednesday, July 28, 2010

The Most Conservative Court Ever?

The New York Times ran an article last weekend arguing that based on a simplified scoring of the Supreme Court's rulings over the last five years, the Roberts court is "the most conservative one in living memory." The data analyzed show that four of the six most conservative justices of all time are sitting on the current bench, including the most conservative justice of all time: Clarence Thomas. On page 4 of the online version, the article also does a fair job of discussing how public attitudes factor into the discussion of what is a liberal or conservative ruling.

The Future of OCI?

Not Federalist related, but as EIW approaches, here is an interesting article about law firms reconsidering the structure of on campus interviews and the legal recruiting process.

Wednesday, July 14, 2010

Miranda Under Pressue

National Law Journal has a good summary of the Court's three Miranda decisions from last term here including a mild criticism of Scalia's arbitrary14 day rule from Shatzer that both Thomas and Stevens rejected.

Tuesday, July 13, 2010

Law School Applications Up 7% Nationwide

The National Law Journal ran an interesting article yesterday focusing on the continuing rise in law school applications. Law school applications increased by 7% and the number of applicants by 3% nationwide for this year's incoming class compared to last year, according to the Law School Admissions Council (LSAC). A handful of law schools saw their applicant pools swell by 30% or more. Alabama led the way with a 70% rise in applications. 

Is the Electoral College Obsolete?

The Electoral College has been a staple of American presidential elections since the nation's founding, but it may not be for long: a new legislative effort has been gaining momentum in state legislatures and could soon fundamentally change presidential elections as we know them. A California-based group, National Popular Vote, hopes to convince a critical mass of state legislatures to sign an interstate compact that will dictate a new method of allocating presidential electors: rather than states allocating electors as they do now, NPV wants states to give their electors to the winner of the national popular vote. The compact has been approved in five states (61 electoral votes) and is currently being considered in three other states (46 electoral votes). Three additional state legislatures approved the compact but did not receive gubernatorial approval (62 electoral votes). The compact goes into effect when states holding 270 electoral votes have signed the agreement. At this critical moment in the progress of NPV's legislation, 

Last week at Cato, Tara Ross and John R. Koza debated the benefits and detriments of both NPV and the Electoral College. Should the Electoral College be retained? If not, is NPV's solution a good one, or might there be unintended logistical ramifications? Should Electoral College opponents instead go through the formal constitutional amendment process? Video from the event is here

Monday, July 12, 2010

Republican Confirmation Votes

The New York Times has an interesting graphic showing how Republican Senators will likely vote on Kagan's nomination. The chart shows Kagan getting a yes from 8 Republicans, three of whom voted against her nomination to Solicitor General.

Sunday, July 11, 2010

Justice Thomas To Speak at 2011 National Student Symposium

The 2011 Federalist Society National Student Symposium is at UVA Law in Charlottesville from February 25-26. For only the second time, a sitting justice will deliver the keynote speech at a Student Symposium. Additional info here.

Wednesday, July 07, 2010

Conservative (?) Justice Kennedy Not Retiring Yet

NY Daily News has this story about Justice Kennedy's plans to stay on the Court at least past the 2012 election. Kennedy is the third oldest member of the Court after Ginsburg (77) and Scalia (74).