June 26, 2006

Decisions, Decisions!

by Milbarge

The Court issued five new decisions this morning; Howard has lotsa links here.

I'm still trying to wade through the Vermont campaign finance case to see if I can claim even partial credit for my prediction. I said that the Court would issue a muddled opinion requiring complicated vote-counting, and that's what happened. And the Court didn't go so far as to say that the states can't enact any limits on contributions (just that the ones Vermont did were too low). Of note, we now have at least four votes to overrule Buckley v. Valeo. I need to re-read this one, though.

Other interesting developments this morning include Justice Stevens spending a lot of time in a couple of cases (Recuenco and Marsh) discussing his theory of state court protection of federal rights for criminal defendants, and whether the Court should take a different approach when it's the state appealing instead of the defendant. Will has discussed this notion recently, so I expect him to add some more this week. The must-read opinion today, though, is Justice Scalia's staggering concurring opinion in Marsh. More on that later, as well.

Finally for now, our Slate forbears have started their discussion here, with Dahlia Lithwick asking Walter Dellinger what's so great about unanimity. After last week and this, we might better ask, What unanimity?

June 26, 2006 02:06 PM | TrackBack
Post a comment

Remember personal info?

Sitting in Review
Armen (e-mail) #
PG (e-mail) #
Dave (e-mail) #
Craig (e-mail) #
About Us
Senior Status
Chris Geidner #
Jeremy Blachman #
Nick Morgan #
Wings & Vodka #
Recent Opinions
Persuasive Authority
De Novo Reporter

Powered by
Movable Type 3.21