Responding to Erwin Chemerinsky's article in the LA Times yesterday arguing that the current Supreme Court is more conservative than any Court since the 1930s, Richard Epstein has posted an article on Ricochet redefining the discussion to include "classical liberals" along with conservatives and liberals and arguing in favor of a more nuanced position on the Court's recent decisions. The post ends with a discussion between Epstein and John Yoo on the Court's alleged turn to the right and preferred political outcomes vs. the law.
New Justice Elena Kagan began her first Supreme Court Term yesterday by weighing in with questions on a bankruptcy case and then leaving her colleagues during a case from which she had recused herself. The CBSNews blog Crossroads and CNN.com provide an account of Justice Kagan's first day on the job, while The Wall Street Journal's Washington Wire provides more detail about Justice Kagan's questions and the first case of October Term 2010.
The new U.S. Supreme Court Term begins today with the Court hearing oral arguments in Ransom v. MBNA and Abbott v. United States/Gould v. United States (click for SCOTUSblog's preview of each case). The National Law Journal, The New York Times, CNN, and others have previews of this Term.
Robert Barnes of The Washington Post offers a look at how the number of Kagan's recusals will affect the Court's decision in cases this Term. The Wall Street Journal talks business cases and also considers Kagan's absence from many of these cases. Barry Friedman and Dahlia Lithwick argue on Slate that the Roberts Court is disguising a turn to the right.
Click here for a round-up of Supreme Court previews and other coverage of the Court on SCOTUSblog. Click here for audio/video from the Federalist Society's "Supreme Court Preview: What Is in Store for October Term 2010?" at the National Press Club on Sept. 29.
Over at Volokh Conspiracy, John Elwood has posted his annual "Supreme Court in Revue" for October Term 2009. Due to limits on the length of the hard copy, the electronic version of the article contains a section that will not appear in print. The article also boasts a visual aid, which Elwood claims is the first ever in the series. Click here to read the article.
Elena Kagan, who had been sworn in on August 7 after her confirmation by the Senate, was formally sworn in today as a Justice of the U.S. Supreme Court in a short ceremony, reports The Washington Post. President Obama and three former Justices of the Court attended the event. Click here for coverage by SCOTUSblog.
On Tuesday, Oct. 5, the Supreme Court will hear oral arguments in Michigan v. Bryant, where it will have the opportunity to further define the limits of the 6th Amendment Confrontation Clause. The case involves the statements a man made to police identifying his attacker while he was lying on a sidewalk with a gunshot wound to his abdomen. The man died hours later, and the identified suspect was convicted of murder after the victim's statements were admitted against him at trial under the "excited utterance" exception to the rule against hearsay.
The defendant appealed his conviction, arguing that the use of these identifying statements against him violates his constitutional right to confront witnesses against him. SCOTUSblog's Erin Miller has a preview of the case here.
On September 29, the Federalist Society hosted a panel at the National Press Club on the upcoming Supreme Court Term, which will begin October 4th. The panelists, Hon. Paul D. Clement of King & Spalding LLP, Mr. Adam Liptak of The New York Times, Prof. Jeffrey Rosen of the George Washington University Law School, Mr. Kannon K. Shanmugam of Williams & Connolly LLP, and Hon. Kenneth L. Wainstein of O'Melveny & Myers LLP, discuss the important cases that will come before the Court this Term and how the addition of former Solicitor General Kagan may affect the Court. Hon. Rachel Brand of Wilmer Cutler Pickering Hale and Dorr LLP moderates.