The nation’s leading forum for conservative and libertarian legal scholarship.

Category: Updates

Student Note Preview: Political Question Doctrine in Zivotofsky v. Clinton

Posted on January 27th, by Communications Editor in Updates. No Comments

Carol Szurkowski provides a preview of her student note in the current issue (Volume 37, Issue 1) of the Harvard Journal of Law and Public Policy:   In 2012, the Supreme Court decided Zivotofsky ex rel. Zivotofsky v. Clinton, 132 S. Ct. 1421, in which it held that the political question doctrine could not be invoked [...]

David Rivkin & Lee Casey on the Recess Appointments Case

Posted on January 3rd, by Communications Editor in Updates. No Comments

In this morning’s Wall Street Journal, David B. Rivkin, Jr., and Lee A. Casey preview Noel Canning v. NLRB, a case to be heard in the Supreme Court this month concerning three appointments made by President Obama two years ago while the Senate was in pro forma sessions: Noel Canning v. NLRB involves several recess appointments [...]

Seven Score and 10 Years Ago…

Posted on November 19th, by Communications Editor in Updates. No Comments

Here at the Roundtable, we attempt to hew closely to our mission of presenting conservative and libertarian musings on the intersection of law and policy, but there are certain days of reflection that call for a slight aberration. There have been times in our history when an event is so significant that observers seek to [...]

The Religion of Procedure

Posted on October 16th, by Jonathan Levy in Updates. No Comments

Though it may seem at odds with my intense patriotism, I spent the Columbus Day weekend in Paris, but—rest assured—my mind never strays too far from our topic on the Roundtable. On the flight back, I watched a few episodes of the riveting, thrilling, and smart HBO mini-series “Rome.” The show chronicles the transition from [...]

In Defense of Dictionaries

Posted on February 13th, by Jonah in Updates. No Comments

Law professors James Brudney and Lawrence Baum have a new study out on Supreme Court justices’ use of dictionaries in deciding cases. Perhaps not surprisingly to court watchers, they note that the justices almost never used dictionaries prior to the start of the Rehnquist Court, but now use them in as many as one-third of [...]

The Election’s Effect on the Judiciary

Posted on November 7th, by Jonah in Updates. No Comments

Although the presidential candidates rarely discussed it, much ink has been spilled in recent months over the effect that the presidential election would have on the Supreme Court. Although often overstated, the effect is significant. To be sure, Justice Ginsburg is likely to step down during the next four years. Given Obama’s tendency to appoint [...]

Rehnquist and the Role of Proper Reasoning in Arriving at Results

Posted on October 31st, by Jonah in Updates. No Comments

John Jenkins’ recent biography of the late Chief Justice William Rehnquist has engendered anger from the right and even embarrassment from some on the left. The biography is titled The Partisan, but one could be forgiven for believing the title refers to the author rather than the subject. According to Jenkins, Rehnquist’s judicial philosophy was [...]

Supreme Court Poised to Reduce American Involvement in Foreign Human Rights Cases?

Posted on October 2nd, by Jonah in Updates. No Comments

Does a Founding-Era statute enable foreigners to sue other foreigners in federal court for conduct that took place overseas? That was the question facing the Supreme Court yesterday when it opened its latest term with arguments in Kiobel v Royal Dutch Petroleum. A 1789 statute, the Alien Tort Statute (ATS) states, “[t]he district courts shall [...]

A First Amendment Victory: Allowing Political Parties to Endorse Judicial Candidates

Posted on September 19th, by Jonah in Updates. No Comments

In a victory for free speech in political campaigns earlier this week, the Ninth Circuit in Sanders County Republican Central Committee v. Bullock enjoined Montana from enforcing a Montana statute that prohibits political parties from endorsing judicial candidates. The court ruled that the law violates the First Amendment’s protection of speech. The Sanders County Republican [...]

Texas v. Holder and the Propriety of Voter ID Legislation

Posted on September 12th, by Skye in Updates. 1 Comment

In Texas v. Holder, the federal district court in Washington unanimously struck down a Texas voter ID law (henceforth “SB 14″) requiring that prospective voters present photo IDs before casting their ballots. Judge Tatel, writing for the three-judge panel, deemed SB 14 to be “retrogressive” and “the most stringent in the nation” — “far more [...]