The first question about the D.C. gun case is, how will they rule? Reporters who observed the oral argument today seem nearly certain that 1)a majority of the Court will find some individual right to gun ownership in the Second Amendment, and 2)the D.C. gun...
Supreme Court
Jeffrey Rosen's article about the pro-business court -- the Chamber of Commerce's "litigation center filed briefs in 15 cases and its side won in 13 of them" -- is very.
Jeffrey Rosen brings up an interesting point about the judicial options for the next Democratic president. The recent Republican dominance of the White House leaves the Democrats with a very.
I cringe whenever I see that the Roberts Court is taking a case like this:In theory, a criminal-law doctrine known as the exclusionary rule forbids prosecutors from using evidence obtained by the police as the result of an improper search. In practice, the rule has...
I have more thoughts here.
In the wake of yesterday's oral argument in the Indiana voting rights case, Crawford v. Marion County Election Board, in which the Bush v. Gore majority played ping pong with.
It's been buried by NH primary news, but it's worth noting that the Supreme Court heard Baze v. Rees yesterday. The case challenges Kentucky's use of a three-drug cocktail to execute the condemned. By all accounts, it does not look good for Baze, who is...
Scott covered the important points in his post about the Supreme Court's decision today in Gall and Kimbrough. Boiled down, the Court in these cases says that it meant what.
I'm guessing Bean will have more to say about this, but the Supreme Court today held in a 7-2 decision that lower court judges are permitted not to apply federal.
Unfortunately, other professional responsibilities have prevented me from reading the full transcripts yet, so I've only heard the highlights so far (I'll have more when I read them in full.) Marty Lederman found both advocates brilliant (as did TAP's Phoebe Connelly, who was in attendance)...
The Supreme Court has decided to hear an appeal to the D.C. Circuit decision striking down D.C.'s handguns ban. I'll have more discussion about this later, but to stimulate discussion.
I actually agree with two points that Ross Douthat makes here. First, I think that there's a tendency to assume that Roe's popular support made its upholding inevitable, but this.