About the Federalist Society
Each semester, we work to promote awareness of these principles at UM Law and beyond, through a wide range of activities including speeches and debates, as well as social and networking events. For more information, visit the national Federalist Society website, or contact us.
It's out...US News: America's Best Graduate Schools 2005: Top Law Schools
UM moved up in the ranks, from 84 to 77. That's good news, although it isn't exaclty clear whether this is actual imporvement, or simply a reconfiguration of the brackets (there is no 84 this year...) In contrast, UF moved up two to 43, FSU dropped three to 67. Hmm, lets see, $29,000 v. $6,000. While I agree that it is overlysimplistic to view a legal education strictly in terms of rankings, I also believe that the Deans need to make their case a little stronger. It's not enough to rest your argument simply on complaints about US News' methodology. The Deans need to explain, in clear language, why UM?
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This column appeared in the New York Times on Sunday, March 28 and authored by Tom Campbell, a former Congressman from California. The purpose of the column is to offer advice to President Bush for his reelection campaign. While the Federalist Society is non-partisan, much of what Campbell says appeals to coservative libertarian ideals and Campbell spends a great deal of time discussing how Bush should go about selecting nominees to the Supreme Court.
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Scary new developments in the area of Fourth Amendment rights. The 5th Circuit Court of Appeals, sitting en banc, decided this week that a "protective sweep" of a home or business, without an warrant (and not incident to arrest), may yield evidence which is not subject to supression. The case is U.S. v. Gould. See the en banc opinion here.
The Delta Democrat provides this editorial:
- "[T]he 5th U.S. Circuit Court of Appeals in New Orleans...ruled that evidence found or seized by law enforcement from a warrantless search, can be used in court.
Considering the number and types of abuses already recorded against law enforcement agencies across the country — from the Federal Bureau of Investigation on down to local police departments — this ruling now opens the door for more possible mischief and abuse...
What the court has basically said in its ruling is that police officers in these states can search homes and buildings for evidence without a warrant if they have a "legitimate law enforcement purpose."
UCLA ConLaw professor Eugene Volokh gives his initial thoughts on the case.
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Affirmative action for law reviews? While this article says that this is not an option, how else do you "address" this "problem?"
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Gay marriage naturally brings about this--gay divorce:
- "In a decision built on the Supreme Judicial Court's historic rulings allowing gay marriage, a Massachusetts probate court judge has legally dissolved the union of a gay couple joined in a Vermont civil union two years ago."
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Florida Congressman and House Intelligence Committee Chairman Porter Gross intends to investigate the truthfulness of Clarke's 2002 testimony to the committee, according to Roll Call. Seems there is a bit of a discrepancy between what he told the committee members in 2002 and what he is asserting in his new book. Could a charge of perjury be in the works?
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Separation of Church and State, unless you happen to belong to a Hollywood-friendly sect.
The Ninth Circuit is set to hear a case on religious school educational tax deductions. It appears, from this story in the NY Times, that the IRS is permitting Church of Scientology members to do just that:
- "At stake is whether people of all religions can deduct the cost of religious education as a charitable gift, as Scientologists are allowed to do under an officially secret 1993 agreement with the Internal Revenue Service.
That agreement came despite a 1989 Supreme Court ruling denying tax deductions for money paid in fees set by the Church of Scientology for its 'auditing' and 'training' services. The Supreme Court decision said the money did not qualify for the charitable gift deduction because it involved a fixed price and was akin to a fee for a service.{the case they are mentioning here is Hernandez v. Commissioner of Internal Revenue, 490 U.S. 680 (1989)}"
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Brian makes mention of Scalia's recusal in the flag salute case, set for oral argument today. It is interesting to note that this is twice that Scalia has been asked to recuse himself this term. The other instance is the duck hunting case, which has been well documented by Howard Bashman on his How Appealing blog. As I mentioned in this post, there are other justices which have far more worrisome conflicts of interest; specifically, Ginsburg's affiliation with the radical woman's group NOW. This begs the question, is this recusal attack specific to Scalia because he is widely known to be a more conservative justice?
Southern Appeal makes note of a recent proposal that the Supreme Court vote on recusal any time there is an ethical issue raised. I share their view that this is a dangerous and political approach that will do little to provide actual impartiality, and in the long run, will further erode the perception of impartiality.
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The Court tackled an interesting question regarding whether an individual can refuse a police officer's request for identification in oral argument Monday. This article summarizes the argument. For those 1L's deeply embroiled in Criminal Procedure, the Terry implication will be especially resonant.
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Here is a NY Times article previewing the oral arguments Wednesday in the pledge of allegiance case. I'd be surprised if the Rehnquist court decides this on anything other than the standing issue. It will be interesting to see how this comes out since Scalia has recused himself from this case.
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Here is another example of the Massachusetts Supreme Court not understanding its role. The Court is trying to decide whether rape counseling notes should be discoverable by defense attorneys in rape prosecution cases. (I did not realize there was even an issue regarding physician/patient counselor/counselee privilege, but that is not the point of this post.) The Court has formed a committee composed of "judges, defense lawyers, prosecutors, victim advocates, health care providers and a representative from the state Department of Social Services," that will give recommendations to the Court. Now I could be wrong, but that sounds very legislative to me. Now this issue, gay marriage, and others may be very important to the people of Massachusetts and they can enact those policies if that is their choice. But a Court is not the body that should be making these types of decisions.
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An admonition we should all take seriously as we prepare to enter our chosen profession.
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Interesting analysis of the gay marriage issue based on the analogy to the interracial marriage question of the 1960's. But is the analogy appropriate? Is (or should it be) homosexuality a suspect class?
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Interesting view on the effect lawsuits have on the American economy.
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This may be "off topic", but I think it is amazing, a very good publicity for UM. JeffNews
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Freedom of Speech and irony wrapped into one.
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Given the recent brouhaha about the Scalia/Cheney duck hunting trip, this seems particularly inappropriate.
Another High Court Justice Faces Questions on Ethics:
- "Supreme Court Justice Ruth Bader Ginsburg has lent her name and presence to a lecture series co-sponsored by the liberal NOW Legal Defense and Education Fund, an advocacy group that often argues before the court in support of women's rights that the justice embraces...
Two weeks earlier, she had voted in a medical screening case and taken the side promoted by the legal defense fund in its friend-of-the-court brief."
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Take the Libertarian Purity Test. I'm a 54, Medium-core Libertarian
(hat tip to Southern Appeal)
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Dick Cheney's Gridiron Remarks
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Not really a legal issue, but a fascinating story nonetheless. Re: CIA
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The WSJ points out John Kerry's Gorelike claim of "inventing" the Solomon Amendment:
- "Here's an interesting promise from a John Kerry position paper titled 'A New Army of Patriots: John Kerry's Plan to Enlist Citizens in the Cause of a Safer, Stronger, and More Secure America' (link in PDF):
- In a Kerry Administration, no university that receives federal aid will be allowed to ban the ROTC from their campus, except for religious reasons.
This is actually already the law of the land, thanks to the Solomon Amendment, which the House added to a 1996 defense spending bill. Kerry voted against final passage of the bill, the National Defense Authorization Act for Fiscal Year 1996..."
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The Blackmun papers are revealing some very interesting insights into the working of the court. To wit:
- "The Supreme Court was ready in 1992 to effectively overturn the landmark Roe v. Wade ruling legalizing abortion, but Justice Anthony M. Kennedy got cold feet, and the vote went the other way.
Internal notes in the papers of late Justice Harry A. Blackmun provide a glimpse of the secretive dealings that led to the court's ruling in Planned Parenthood v. Casey that year. Justice Blackmun's extensive records from 24 years on the court were made public yesterday, the fifth anniversary of his death."
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I wonder if the Florida Bar exam will be like this...
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Justice Harry Blackmun's papers were released by the Library of Congress today and the New York TImes did a profile of Blackmun based on the documents. You may have to register for a password in order to read the full article.
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I've heard of frivolous defenses before, but this takes the cake.
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"[T]he Federalist Society has developed a reputation for being a lively and open forum for serious discussion about important legal topics. Liberals and conservatives are regularly brought together to debate and exchange views. Not only has the group hosted events with Chief Justice William Rehnquist and former Judge Robert Bork, but other speakers have included Supreme Court Justice Ruth Bader Ginsburg, American Civil Liberties Union President Nadine Strossen, Congressman Barney Frank and Jamin Raskin of the Rainbow Coalition. I wish every legal group welcomed such a broad array of speakers."
-Richard Thornburgh, Former U.S. Attorney General
03/05/98 Committee on the Judiciary -- Thornburg Statement
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Separation of Church and State
We are told that there must be a separation between church and state, by law and policy. This means that monies broadly given to academic pursuits may not be given for the study of theology (see the Locke discussion below). Yet the state may appearantly mandate that, religious prinicples aside, an organization must give money to its employees for birth control. The NY Times has this article on the recent CA Supreme Court decision in Catholic Charities:
- "The California Supreme Court ruled Monday that Catholic Charities must provide its employees in California with medical coverage for birth control, in spite of its religious objections to contraception."
- "It is a strong affirmation of the most basic principles of fairness for women and a recognition as well that women's reproductive health care can't be treated in a second-class way," said Marcia D. Greenberger, president of the National Women's Law Center, an advocacy group.
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Taxpayer Accountability
Instapundit notes that John Kerry continues to draw his congressional paycheck even though the has been absent for 22 role call votes this year alone, and over 60% of the time in 2003. Appearantly, the Senate is authorized to deduct pay where a Senator is absent:
- This seems to actually refer to 2 U.S.C. sec. 39, which provides:
- The Secretary of the Senate and the Chief Administrative Officer of the House of Representatives (upon certification by the Clerk of the House of Representatives), respectively, shall deduct from the monthly payments (or other periodic payments authorized by law) of each Member or Delegate the amount of his salary for each day that he has been absent from the Senate or House, respectively, unless such Member or Delegate assigns as the reason for such absence the sickness of himself or of some member of his family.
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