Massachusetts: Supreme Court

June 1, 2009 - 10:13 am
NEWS FEED: Boston Globe

Former clerks vouch for Sotomayor

The White House today released a letter to key senators from former clerks of Judge Sonia Sotomayor, offering their "enthusiastic and wholehearted support" for the Supreme Court nominee. The clerks, who are now prosecutors, corporate counsels, and lawyers in private...

May 20, 2009 - 07:18 pm
NEWS FEED: Boston Globe

Obama mulling court pick

President Obama is reaching out to senators of both parties as he prepares to nominate his first Supreme Court justice. White House spokesman Robert Gibbs said he has called several lawmakers, including on Tuesday. "But as somebody who has spent...

May 1, 2009 - 11:40 am
NEWS FEED: Boston Globe

For high court, Obama could seek moderation, empathy

What kind of jurist will President Obama look for to replace David Souter on the Supreme Court? Based on what he said as a candidate, perhaps someone very much like Souter, at least in a more moderate, restrained judicial philosophy....

May 1, 2009 - 09:58 am
NEWS FEED: Boston Globe

Getting a say on Souter retirement

Advocacy groups of different stripes are weighing in today on Supreme Court Justice David Souter's retirement -- and his possible replacement. A selection: Nancy Keenan, president of NARAL Pro-Choice America: “Speculation regarding Justice David Souter’s possible retirement is yet another...

May 1, 2009 - 09:42 am
NEWS FEED: Boston Globe

Patrick not completely ruling out interest in high court

A Supreme Court seat isn't just another Washington job, so Massachusetts Governor Deval Patrick doesn't appear to be ruling out his interest as categorically. Governor Deval Patrick Patrick, a close friend and political soulmate of President Obama's, was mentioned for...

April 30, 2009 - 09:54 pm
NEWS FEED: Blue Mass Group

NPR: Souter to step down from Supreme Court

According to NPR, Supreme Court Justice David Souter plans to retire from the bench at the end of the court's current term.

NPR has learned that Supreme Court Justice David Souter is planning to retire at the end of the current court term.

The vacancy will give President Obama his first chance to name a member of the high court and begin to shape its future direction.

So, resident court watchers, who should Obama nominate?  

March 17, 2009 - 05:00 pm
NEWS FEED: Blue Mass Group

Would a super-tax on AIG bonuses be an unconstitutional Bill of Attainder?

I hate AIG.  I really hate the bonuses.  I don't think AIG should have paid them; rather, as I've said already, I think they should have withheld them and dared the folks who think they're entitled to them to sue.

But I'm concerned that an approach that's quickly gaining popularity in Congress will be tossed out by the courts as a "Bill of Attainder," one of the forms of legislation specifically prohibited by the Constitution.  See me on the flip.
Article I, s. 9 of the U.S. Constitution says that

No bill of attainder or ex post facto Law shall be passed.

Exactly what does and does not qualify as a "bill of attainder" has been difficult to nail down over the years.

February 25, 2009 - 12:09 am
NEWS FEED: Blue Mass Group

Sorry, but this is unconstitutional

The Senate today approved a cloture motion that will allow passage of S. 160, a bill that would give the District of Columbia a voting representative in the House of Representatives.

I support full D.C. voting rights, but this is not the way to achieve them. The bill is blatantly unconstitutional. According to the Constitution (Article I, Section 2):

The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.

The only real solutions that I can see are: (1) D.

February 5, 2009 - 01:42 pm
NEWS FEED: Blue Mass Group

Let the Games Begin

ABC is reporting that Justice Ruth Bader Ginsburg has been hospitalized and has had surgery for early-stage pancreatic cancer. Of course, I wish Justice Ginsburg a speedy recovery. Her illness is just a reminder, though, that sometime (sooner rather than later is my guess), President Obama (I almost wrote "president-elect!") is going to have the opportunity to nominate at least one associate justice of the Supreme Court.

My own choice: Solicitor-General designate Elana Kagan. Dean Kagan is finishing a very successful term as Dean of Harvard Law School, where she was able to foster a new era of good feelings among the famously fractious faculty.

February 5, 2009 - 01:30 pm
NEWS FEED: Boston Globe

Justice Ginsburg diagnosed with cancer

The Supreme Court disclosed this afternoon that Justice Ruth Bader Ginsburg had surgery today after being diagnosed with pancreatic cancer. Ginsburg, 75, had the surgery at the Memorial Sloan-Kettering Cancer Center in New York, and will remain in the hospital...