Less than the Least

Entries from Less than the Least tagged with 'Supreme Court'

Christian Legal Society v. Martinez--Skeel

I was boarding a plane to Israel a few hours after the Supreme Court handed down its decision in CLS v. Martinez last week, so I was a bit behind the curve in reading it. In a 5-4 decision written by...

Hispanics and Latinos--Stuntz

This is a trivial comment, but I note that all the early reports on Sotomayor’s appointment refer to her as “Hispanic.” This puzzles me. Brazilians aren’t Hispanic—they speak Portuguese—and Spaniards are. Why should Spanish ancestry matter more than, say, Dutch or Swedish ancestry? (Full...

Soon to be Ex-Judge McConnell--Skeel

With the exception of Supreme Court speculation, the biggest news in my little neighborhood these days is the announcement that Judge Michael McConnell will step down to join the faculty of Stanford Law School. As many readers will know, McConnell was...

State Judges and the Supreme Court--Stuntz

Plenty of people have noted that recent Supreme Court picks have all come from the federal bench. The usual response is to argue that we should look for non-judges to appoint to the Supreme Court. There is some merit to that position,...

Kagan, Karlan and Empathetic Judges--Stuntz

My post about Pam Karlan as a potential Supreme Court nominee (see below) got more play than I expected. (I’m always surprised when someone reads something I write. Usually, I think: this can’t be a good use of readers’ time . ....

Pam Karlan and Souter's Seat--Stuntz

If Obama wants to appoint a Scalia for the left, he should choose Pam Karlan, a longtime colleague of mine at Virginia who now teaches at Stanford. Pam is (1) brilliant, (2) broadly knowledgeable — Cass Sunstein aside, I can’t think...

McCain's Guantanamo Opportunity--Skeel

As I was reading the Supreme Court’s new Guantanamo Bay decision this weekend, I emailed my colleague Stephanos Bibas, a fine scholar and Supreme Court watcher, to see what he thought. After explaining why he thinks “the dissenters have...

Precedent and Judicial Method--Stuntz

The Supreme Court’s recent lethal injection decision, Baze v. Rees, reminds me of a puzzle. Supreme Court Justices, and appellate judges generally I think, often feel bound by previous case holdings and by the core reasoning that supports those holdings....