Round-Up

Judge Posner had this editorial in yesterday’s Wall Street Journal arguing for more flexibility in the way the judiciary handles terror cases, writing that “we are boxed in by our revered 18th-century Constitution as interpreted by the Supreme Court.” Marty Lederman reacts to that editorial here at the Georgetown Faculty Law Blog.

At the Volokh Conspiracy, Orin Kerr has a post here asking what the Sixth Circuit will do about Judge Taylor’s decision, with a follow-up post here.

Orin Kerr and Marty Lederman also have comments on yesterday’s decision by the DC Circuit in Muprhy v. IRS regarding the unconstitutionality of a tax “on compensation for a non-physical work-related injury not related to wages or earnings.” Kerr, in a post here, suspects the Supreme Court will eventually take up this case, and Lederman (here) is suprised that the decision doesn’t mention Article 1, Section 9 of the Constitution.

Finally, the Washington Post carries a piece on the implications of yesterday’s action by Justice Thomas letting stand a ruling which will force Echostar to cut off programming to several hundred thousand customers. For more on this, see Lyle’s posts here and here.