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7 Oct 2013, 1:59 am
(Will Baude) This wasn’t sufficiently germane to mention in my previous post, but one other passage from the Justice Scalia interview that I particularly liked was his response after Jennifer Senior tried several times to get him to name his most “heroic” decision: I mean the most heroic opinion—maybe the only heroic opinion I ever issued— was my statement refusing to recuse. [read post]
6 Oct 2013, 10:58 pm
(Will Baude) Justice Scalia recently gave a long and fascinating interview to New York Magazine, which I highly recommend anybody interested in the Court read. [read post]
3 Oct 2013, 8:06 am
(Will Baude) It seems like every time I turn around, I’m reading about another new article by somebody named Andrew Tutt. [read post]
2 Oct 2013, 9:19 am
(Will Baude) If you’re in the Bay Area and have been enjoying (or at least reading) my posts on choice of law, civil unions, and other questions of recognizing same-sex marriage, you might be interested in this event: Thursday-Saturday, October 10-12, Stanford Law School will be co-hosting a conference on marriage equality. [read post]
1 Oct 2013, 9:13 pm
More: Will Baude. [read post]
1 Oct 2013, 6:51 pm
(Will Baude) In response to my post about today’s orders list, I’ve heard the suggestion that Harris v. [read post]
1 Oct 2013, 7:42 am
(Will Baude) It’s one of my favorite days of Fall — the release of the orders list from the Supreme Court’s long conference — the day that cert petitions and other motions have been waiting for all summer. [read post]
30 Sep 2013, 6:05 pm
(Will Baude) A provocative blog post on those who want to be judges: The best way to think about it is to ask yourself this question: “Am I a willing judicial executioner, a person who consciously does great harm to other human beings by faithfully executing the extraordinarily harsh national criminal laws? [read post]
30 Sep 2013, 8:30 am
(Will Baude) Michael Dorf has an interesting and careful post where he analyzes whether last Friday’s decision in Garden State Equality v. [read post]
29 Sep 2013, 9:58 pm
(Will Baude) As the government-shutdown political theater continues to unfold, I naturally find myself wondering whether to blame the House for passing a spending bill that the Senate and President don’t like, or the Senate for passing a bill that the House doesn’t prefer either. [read post]
27 Sep 2013, 2:13 pm
(Will Baude) A New Jersey trial court just invalidated New Jersey’s current civil union regime, holding that the state is required to let same-sex couples marry, not just get civil unions. [read post]
27 Sep 2013, 8:43 am
Clement, Politics, Republican National Committee, SCOTUS, SCOTUS Clerks, Shaun McCutcheon, Supreme Court, Supreme Court Clerks, Will Baude [read post]
27 Sep 2013, 8:25 am
(Will Baude) It looks like Judge Jack Weinstein is releasing child pornography opinions almost as fast as we can blog about them. [read post]
26 Sep 2013, 10:39 am
(Will Baude) The Supreme Court’s 2013 October Term begins in a few weeks, and while the hearing list has not yet been released, the arguments are shaping up to be interesting. [read post]
25 Sep 2013, 8:14 am
(Will Baude) I’ve just started reading a very interesting draft book by David Friedman, called Legal Systems Very Different From Ours. [read post]
24 Sep 2013, 12:05 pm
(Will Baude) A current murder prosecution in Kentucky happens to simultaneously raise two different same-sex-marriage recognition problems that I’ve previously blogged about. [read post]
23 Sep 2013, 5:00 pm
(Will Baude) One of my favorite statutes, 28 U.S.C. 2403(a), says that when a federal court is hearing a case in which the constitutionality of a federal statute is drawn into question, the court is supposed to notify the Attorney General if the United States is not already a party: In any action, suit or proceeding in a court of the United States to which the United States or any agency, officer or employee thereof is not a party, wherein the constitutionality of any Act of Congress… [read post]
20 Sep 2013, 3:34 pm
(Will Baude) Mike Rappaport has a post at the Liberty Law Blog making a seemingly straightforward but surprisingly underappreciated point: There is good reason to think that the Fourteenth Amendment’s equality requirement was not originally meant to apply to the federal government. [read post]
20 Sep 2013, 1:42 am
(Will Baude) I’ve just finished reading, and rather enjoyed, Tyler Cowen’s latest book: Average is Over. [read post]
19 Sep 2013, 1:43 am
(Will Baude) The New York Times “room for debate” feature is on the surprisingly technical question of the retroactivity of Miller v. [read post]
