August 16, 2026

A few questions for Elena Kagan

A few questions for Elena #Kagan, a la George Will. http://ow.ly/24qQE

McDonald v. City of Chicago is out

Reactions?  Find it here: http://www.chicagoguncase.com/wp-content/uploads/2009/11/08-1521-tsac-state-of-texas.pdf

A word on originalism, courts and legislatures

The Constitution, though it has an effect superior to other laws, is in its nature the sort of “law” that is the business of the courts…

Being a judge is not a pre-req

Scalia thinks it’s a good thing that Kagan is not a judge. “When I first came to the Supreme Court [in 1986], three of my colleagues had never been a federal judge,” Scalia said. “William Rehnquist came to the bench from the Office of Legal Counsel. Byron White was deputy attorney general. And Lewis Powell […]

Kagan as a student

While at Harvard, as a student, Elena Kagan was no dunce. (via Josh Blackman’s Blog)

Bluebooks: who needs them? (besides law students)

The newest Bluebook is out, edition number 19, if you are keeping track. The question is, do I really need it for my practice?  [cricket, cricket] No.  As well put by Raymond Ward: As a practicing lawyer, here’s what I need to know how to cite, in descending order of importance: statutes, cases, constitutions, treatises, […]

“Judge Who Lost Pants Forced to Rely on Briefs”

I can’t help it.  The headline is too funny to avoid stealing it from “Lowering the Bar.” I’ll give them the credit, though, and the whole story: When we last saw Roy, in July 2009, he was losing his wrongful-termination case against the District of Columbia, his former boss, and others, a case he filed […]