Eminent Domain

It looks like the Court will be giving us same day audio of the oral arguments in Boumediene v Bush...

The Supreme Court will hear arguments next week about the rights of prisoners who have been detained at Guantanamo Bay, Cuba, and will immediately release audio tapes of the proceeding.

The court made available same-day releases of audio tapes on two occasions last term, for cases involving abortion and the use of race in public school assignments. The quick release of audio tapes in major cases dates to 2000, when justices heard Florida ballot recount appeals that determined the outcome of the presidential election.

Television cameras are barred from the court and reporters are not allowed to use tape recorders there. But arguments are taped by the court and usually are released at the end of the term.

The cases to be argued next Wednesday deal with whether the Guantanamo detainees can contest their confinement in U.S. civilian courts.

I'm definitely going to check this out. As far as the case goes, I think it's a pretty easy call. Government loses 5-4, Kennedy joins the liberals. You heard it here last.

Best Democratic Presidential debate yet.

I spent a little time this weekend watching coverage of the presidential race (something that I've been avoiding like the plague). It made me remember this...

Rehnquist was not impressed with Bill Clinton and his wife. When told that the newly elected president was thinking of nominating Hillary as attorney general, the chief justice quipped, "They say Caligula appointed his horse counsel of Rome."

I miss Chief Justice Rehnquist.

I love being able to make update posts. Remember this story from a while back? Here are the facts of the situation, for those of you with an aversion to clicking links...

The Volokh Conspiracy has been blowing up today with posts about a controversy at San Francisco State University. The whole mess stems from one of my favorite parts of campus life, the student protest. Here's what went down...

The College Republicans "offense" took place on October 17, 2006, when they held an anti-terrorism protest in SFSU'’s Malcolm X Plaza. During the protest, several members of the group stepped on butcher paper they had painted to resemble the flags of Hamas and Hezbollah. Unbeknownst to the protesters, the flags they had copied contain the word "Allah" written in Arabic script.

The CRs were charged with violations of university policy for "attempts to incite violence and create a hostile environment" and "actions of incivility" in violation of the Standards for Student Conduct. The investigation portion of this drum head has ended and now the complaint is being sent to the Student Organization Hearing Panel for review" and "possible disciplinary proceedings."

Well, the wheels of justice have churned away (slowly as usual) and we've got some results. The CRs were cleared at the review panel, but they ended up filing a lawsuit because the civility code had a chilling effect on future speech. A federal magistrate has ruled the "civility" expectation in the student handbook unconstitutional. The intimidation and harassment rules are still in effect, as they should be (IF they are applied fairly). Overall, I'd call this a victory for free speech on campuses.

The UK's Telegraph has published a list of the 100 most influential conservatives and the 100 most influential liberals. The lists are pretty decent and worth a look if you have a few minutes to kill. The lists did include four current Supreme Court Justices too...

8. JOHN ROBERTS
Chief Justice of the Supreme Court

George W. Bush will bequeath his successor a head of the Supreme Court who could be on the bench for the next 30 years, shaping the parameters of American life for the next generation and beyond. Roberts joined the court as chief justice in July 2005. He was originally nominated by the president as an associate justice to replace the retiring Sandra Day O'Connor, but was given the top job when William Rehnquist died. At 50, he was the third youngest man to lead the court.

Bush chose him as a reliable conservative and he has not disappointed so far. But the Christian Right's holy grail of overturning Roe versus Wade and making abortion illegal is not among his plans, although he backs limiting practices such as partial-birth abortion. On issues such as the future of Guantanamo, the death penalty, the limits of what constitutes torture, the reach of executive power and conducting the war on terror, the Roberts court will have far-reaching influence. Already the Supreme Court under Roberts has become more conservative.


62. JUSTICE ANTONIN SCALIA
Supreme Court Justice

The first Italian-American to be appointed to the Supreme Court, by Ronald Reagan in 1986, "Nino" Scalia, 71, is beloved by conservative Republicans. A committed Roman Catholic and father of nine, he is a much more forceful and intellectually flamboyant personality than his fellow conservative justice Clarence Thomas.

A strict "textualist" and strongly anti-abortion, he adamantly opposes attempts to interpret the US constitution in the light of modern mores. If he were not such a lightning rod for criticism from Democrats, he would have been a natural Chief Justice. Has an acid wit, barbed tongue and relish for taking on his opponents.


85. CLARENCE THOMAS
Supreme Court Justice

It has been 16 years since the contentious confirmation hearings that threatened to stop him becoming the first black Conservative Supreme Court justice were held. In his recent book, he described the experience as being “pursued not by bigots in white robes but by left-wing zealots draped in flowing sanctimony".

Still only 59, he could be on the court for another three decades, making him one of the longest serving justices in history as well as a reliable Conservative vote on virtually every issue. Adored by the party establishment, a Republican candidate is guaranteed a round of applause when he cites Thomas as a model jurist.


64. JUSTICE JOHN PAUL STEVENS
Supreme Court Justice

Although appointed by a Republican president, Gerald Ford, Stevens, 87, is the most reliable liberal vote on the Supreme Court. Despite his age, he shows no sign of retiring and appears healthy. Has led the judicial movement to restrict the use of the death penalty and to tie the hands of the Bush administration in its attempts to battle the Islamist threat.

Will play a key role in smoothing the path of any new justices appointed by a Democratic president and, perhaps, in identifying his successor.

In case you couldn't figure it out, the first three Justices were on the conservative list and Justice Stevens was on the liberal list. He still claims to be a conservative, but I can claim to be a beagle. That doesn't make it so.

I haven't been able to update lately. I've been pretty busy, so I haven't even had a chance to do much scouring for legal topics. I will have another Nanny State post soon, though. For those of you who can't wait, check out the NBC Nightly News tonight. Nick Gillespie of Hit and Run has been kind enough to inform us that David Harsanyi will be making an appearance to discuss some of that fun Nanny State kind of stuff. I'll be breaking my boycott of television news to watch.