10
Dec, 2010
Randy Barnett, at The Volokh Conspiracy, posted this article about a fact sheet recently provided by the White House. The fact sheet addresses the pending constitutional challenge to the Affordable Care Act’s individual mandate currently before Judge Henry Hudson. In anticipation of a ruling, the White House admitted that should the individual mandate be held unconstitutional, the portion of the Act requiring insurance companies to accept and cover people with pre-existing injuries would likewise fall. The fact sheet explained:
6
Dec, 2010
Worst Opening of a Legal Brief Ever
Since I spend the majority of my days either writing legal briefs or reviewing those of others, I have seen my share of poorly drafted briefs. But after reading the Montana Supreme Court opinion in Montana v. Belanus, I do not believe I have ever spotted a worse example of how to open a brief.
Let me give you a little background. The facts in Belanus are not for the faint-hearted. It involves an admittedly brutal beating and an alleged rape. It also involves a serious legal question on whether the Belanus was entitled to the intoxication defense: because defendant was intoxicated on alcohol and drugs should he be held responsible for hi
30
Nov, 2010
Chief Justice Roberts’ Facebook Page
This weekend I was perusing Facebook to see what my friends are up to when I decided to start searching for some new Facebook friends. I came up with a brilliant idea--I would become Facebook friends with Chief Justice John Roberts. So I searched for his page, found it, and put in a friend request. A short time later, he accepted.
I an now "friends" with the Chief, how cool.
I copied his page and thought I would share it with you less cool people.
12
Nov, 2010
ABA Journal Has The Scoop On Justice Alito Being Chased By Blogger
The ABA Journal.com summarizes this story about Lee Fang--a blogger from Think Progress--chasing Justice Alito and yelling questions about whether it is ethical for the Justice to be attending a Republican fund-raiser dinner. Fang also videotaped one of Justice Alito's security guards threatening to arrest Fang.
11
Nov, 2010
Petition Raises an Ex Post Facto Challenge to the Sentencing Guidelines
For the past three years there has been a growing circuit split on whether a defendant’s sentence may be increased by using a Federal Sentencing Guidelines manual that was amended after the offense took place and whether such an increase would violate the Ex Post Facto Clause. Chicago-based attorney Marc Martin filed a petition on Tuesday in United States v. Custable, asking the Court to remedy the circuit split that has become “more pronounced.”
In April of 2005, Frank Custable was indicted on a series of wire and mail fraud offenses, and obstruction of justice.
3
Nov, 2010
Imprisoned For Consuming Poppy-Seed Bagel
Far too often those in the criminal justice system offer the same mantra: “our job is to rehabilitate people.” But far too often that claim is simply untrue. Take, for example, the case of Nicole Defontes, which was highlighted in the Daily Business News two weeks ago.
Ms. Defontes was sentenced to four and half years in prison for her participation in a cocaine deal with her former boyfriend. Upon entering prison, Defontes made a commitment to rehabilitation—she graduated from both high school and college while in prison and qualified for a Bureau of Prisons drug rehabilitation program that allowed to her to receive a year off her prison sentence, only if she met strict requirements. Once Defontes was relocated from prison to a federal half-way house, she was hired at a West Palm Beach drug and alcohol counseling center, and quickly rose from “laundry detail to an administrative position.” By all accounts, Defontes was leading a productive law abiding life and meeting the obligations imposed upon her through supervision at the half-way house.
28
Oct, 2010
Formulating the QP—Suggestions and Analysis of Questions Presented from the 2009 Term
If the argument section is the engine that drives the cert petition car, the Questions Presented (“QP”) is the body governing how the engine is framed and the paint job creating that vital first impression. Send a rusty and dented car to the Court, and the Clerk writing the cert pool memo may move on to a flashier ride. Nor will the Justices be impressed. The goal of this post is meant to turn your scratched and marred Pinto-looking QP into, at very least, a Prius!
18
Oct, 2010
Both Style and Substance: The Anatomy of a Supreme Court Brief Cover
When part of your employment revolves around reviewing the covers of U.S. Supreme Court briefs, you start to take notice of things like New Century Schoolbook font, diamond lines and all caps versus initial caps. But it’s not just style that differentiates a good brief cover from a bad one; there is a little substance, too. This post covers both.
12
Oct, 2010
Borough of Duryea v. Guarnieri Granted
Today, the Supreme Court released its order list from last week’s Conference. Among the seven petitions for writ of certiorari that were granted was the petition in Borough of Duryea v. Guarnieri, No. 09-1476. The petition was filed by CockleBur contributor Dan Ortiz from the University of Virginia Supreme Court Clinic.
11
Oct, 2010
Dahlia Lithwick Reviews The Justice Brennan Biography
One of my favorite writers, Slate's Dahlia Lithwick, provides this New York Times review of the new Justice Brennan biography entitled: Justice Brennan Liberal Champion, by Seth Stern and Stephen Wermiel.