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

Posted by on Jan 27, 2014 in Updates

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 to dismiss a suit involving the question whether an American citizen born in Jerusalem can enforce his statutory right to have “Israel” listed as his...

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David Rivkin & Lee Casey on the Recess Appointments Case

Posted by on Jan 3, 2014 in Updates

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 President Obama made to the National Labor Relations Board on Jan. 4, 2012. The federal appeals court in Washington, D.C., correctly held that...

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Seven Score and 10 Years Ago…

Posted by on Nov 19, 2013 in Updates

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 commemorate the occasion almost instantaneously. This was the case on November 19, 1863. Not five months after the terrible and awesome Battle of...

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The Religion of Procedure

Posted by on Oct 16, 2013 in Updates

The Religion of Procedure

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 Ancient Rome’s republic to Julius Caesar’s dictatorship to his adoptive son’s reign as Augustus Caesar. I have seen the series many times before, but...

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In Defense of Dictionaries

Posted by on Feb 13, 2013 in Updates

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 statutory decisions. Although textualist justices invoke dictionaries the most, purposivist justices are not far behind. Although to the author’s credit,...

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The Election’s Effect on the Judiciary

Posted by on Nov 7, 2012 in Updates

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 fairly young justices, if Justice Breyer, 74, were to retire along with Ginsburg in the next four years, President Obama could...

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