I would have loved to have heard Justice Ruth Bader Ginsburg in person when she spoke recently at the Aspen Ideas Festival, but I’ll have to content myself with reading excerpts from the conversation she had with Jeffrey Rosen. Justice Ginsburg, who was introduced by former Justice Sandra Day O’Connor, described herself as a “flaming feminist” and talked eloquently about the economic realities of abortion rights, among other subjects. (Quotes courtesy of these two articles on the event) ~On her husband Marty, who recently passed away after 56 years of marriage: He “was the first boy I...
Continue reading...supreme court
Kagan Changes Her Mind on Hearings
Back when Elena Kagan was first nominated for the Supreme Court, I mentioned her 1995 critique of confirmation hearings– she said they had become “a vapid and hollow charade, in which repetition of platitudes has replaced discussion of viewpoints and personal anecdotes have supplanted legal analysis.” I was optimistic that Kagan would adhere to that viewpoint and approach her own hearing with more candor, but it doesn’t appear that that will be the case. In fact, during Kagan’s confirmation for Solicitor General last year, she took a step towards disavowing her earlier analysis: “I am . ....
Continue reading...First Thoughts on the Kagan Nom
I’m alarmed by the precedent that a Democratic nominee for Supreme Court cannot have a record on abortion. Elena Kagan doesn’t have a record on much in the way of any controversial issues, but neither she nor Justice Sotomayor had any obvious pro-choice skeletons in the closet. which is disturbing because — “skeletons in the closet”?? Abortion is still a legal medical procedure. The fact that Diane Wood voted consistently to uphold this constitutionally protected right should never have disqualified her, and yet it seems pretty clear that that’s what made her unpalatable. Plus, the nomination confirms...
Continue reading...Diane Wood
As the de facto left-wing short-list candidate for Justice Stevens’ seat on the Supreme Court, Diane Wood has already drawn lots of ire on the right for her supposedly radical views, especially on abortion. Several articles this week make a strong case for Judge Wood– nothing that would persuade right-wingers, of course, but it’s good to see these articulate defenses. On Monday, Glenn Greenwald wrote a lengthy piece on Judge Wood’s record, calling her “a superior alternative” for the seat. He starts with the following analogy, calling attention to the fact that Judge Wood is not actually...
Continue reading...The Court may be just a little technologically-challenged
When President Obama decides on a new Supreme Court associate justice, it may be worthwhile for the “technology president” to consider the future justice’s basic understanding of technology, a skill set that seems be notably absent on the Court. Seems during oral arguments Monday in the case City of Ontario v. Quon, a case that considers city workers’ expectation of privacy in personal text messages sent on devices provided by the city, the Court had some—ahem—issues grasping the practical aspects of the case: The first sign was about midway through the argument, when Chief Justice John G....
Continue reading...SCOTUS lifts ban on animal snuff films
The U.S. Supreme Court today handed down its ruling on U.S. v. Stevens, 08-769, and by an 8-1 decision, upheld the decision of the Third U.S. Circuit Court of Appeals in Philadelphia, nullifying a federal law banning the practice of filming cruelty against animals, citing First Amendment speech protection. The case centered around Robert Stevens of Pittsville, Virginia, who ran a business and website selling videos of pit bull fights. He was caught in an F.B.I. sting and was consequently sentenced to three years in prison for violating a 1999 law banning the sale of videos portraying...
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