Dick Price & Sharon Kyle: California’s 58 counties must deal with a sudden influx of state prison inmates, straining their jails and requiring innovative sentencing and supervisory programs.
Marian Wang: Kagan’s successor as solicitor general, Neal Katyal, has argued that “a corporation itself can no more be embarrassed, harassed, or stigmatized than a stone.”
The term of a supreme court justice ends one of four ways; retirement, resignation, impeachment conviction, or death. However, only one Supreme Court justice has been impeached, Samuel Chase. Impeached in 1804, Chase was acquitted and remained on the bench until his death in 1811. So, to sum it up, if one were to rely on history to forecast the future, the likelihood of a justice being impeached and removed is slim to none.
Joel K. Goldstein: Critics ridiculed President Obama’s statement that judges should be empathetic. But as the Senate prepares to vote on the Supreme Court nomination of Elena Kagan, legal historian Joel Goldstein argues that senators should be looking for that very quality.
Articles by Ivan Eland, David A. Love, SH. Scott Prosterman, Michele Waslin, Jerry Drucker, Ed Rampell, Georgianne Nienaber, Robert Letcher, Robert Fuller, Tom Degan, Kathleen Gronnerud, Anthony Samad, Andrea Nill, Sikivu Hutchinson, Tracy Emblem, Michael Sigman, Rev. Irene Monroe, Tina Dupuy, Linda Milazzo, Bill Londrigan, Mike Price, Jim Fuller, Mary Pallant, John Peeler, Sharon Kyle, Lydia Howell, and Steve Hockstadt,
David A. Love: I don’t know about you, but after watching the confirmation hearings for Supreme Court nominee Elena Kagan, I was given the distinct impression that Thurgood Marshall was being subjected to a criminal trial, post-mortem, by Republicans on the Senate Judiciary Committee.
Kathleen Gronnerud: Elena Kagan now faces a Senate Judiciary Committee intent on getting her to reveal how she would decide as a Supreme Court justice. Historian Kathleen Gronnerud explains how todays inquiries are far from the process envisioned by the Founders.
Tracy Emblem: Speaking of judicial activism – both United States Supreme Court Justices Samuel Alito and Antonin Scalia are members of a Federalist Society – an organization that advocates a roll back of civil rights.
Articles by Rev. Irene Monroe, Randy Shaw, Georgianne Nienaber, John Delloro, Ed Rampell, Noman Solomon, Paul Hogarth, Paul Loeb, Ivan Eland, Jim Fuller, Carl Matthes, Andrea Christina Nill, Tom Hall, Charley James and Lulu Demaine, Berry Craig, Tom Degan, Robert Reich, Carl Bloice, Tracy Emblem, Tina Dupuy, Jeffrey Blankfort, Anthony Samad, Michael Sigman, and Johnny Townsend
Andrea Nill: Kagan could have a direct impact on the role the federal, state, and local governments play in enacting and enforcing immigration laws. Her potential confirmation could also have a more indirect effect on how the nation’s immigration population is treated and who is and isn’t protected by the U.S. Constitution.
Noman Solomon: If President Obama has his way, Elena Kagan will replace John Paul Stevens — and the Supreme Court will move rightward. The nomination is very disturbing, especially because it’s part of a pattern. The White House is in the grip of conventional centrist wisdom. Grim results stretch from Afghanistan to the Gulf of Mexico to communities across the USA.
The Solicitor General has opened a Pandora’s Box, permitting the Supreme Court to possibly erase all protections that citizens might have against government snooping into the most intimate details of their private lives. The government could engage in a wholesale invasion of privacy.
Barack Obama entered the presidency as one of the most rhetorically pro-civil liberties politicians in recent memory. And shortly after taking office, he drew applause from friends of liberty for promulgating executive orders closing Guantanamo and CIA secret prisons, ending CIA torture, suspending kangaroo proceedings at military tribunals, and pledging more openness than the secretive […]