Indeed, Edwin Meese was making speeches during the 1980s attacking the idea of incorporation, and one might assume that either or both of these Justices were sympathetic to Meese's attack.Judge Easterbrook notes that one might think that the right to trial by jury is part of the American tradition, yet it is notoriously true that neither the grand jury provision of the Fifth Amendment nor the petit jury provision of the Seventh Amendment has been incorporated… [read post]

Quarterman, No. 03-20401 "Denial of a petition for a writ of habeas corpus in a capital murder case is affirmed over claims of error regarding whether: 1) trial counsel provided ineffective representation; and 2) jury instructions given at the sentencing phase of his trial violated his constitutional rights pursuant to Penry v. [read post]