on Aug 24, 2010 at 10:25 am
At Balkinization, Jason Mazzone analyzes an assertion made by now-retired Justice Stevens in his dissenting opinion in McDonald v. Chicago â€“ that provisions of the Bill of Rights do not need to apply the same way everywhere. Â Although Justices Alito and Scalia criticized this view in their plurality and concurring opinions, respectively, as â€œaggrandizing judicial power,â€ Mazzone counters that such criticisms â€œdo not recognize Stevensâ€™ particular focus on delineating the proper role of federal courts,â€ and â€œmiss much of the richness of Stevensâ€™ federalism argument.â€
In his Sidebar column for the New York Times, Adam Liptak profiles Todd Crespi, a courtroom artist who lacks Supreme Court press credentials but is nonetheless noted for his sketches of scenes from the Court.
Yesterday the ACLU of Virginia yesterday filed a petition for certiorari challenging a ban on alcohol advertising in Virginiaâ€™s college newspapers. The AP (via the Washington Postâ€™s Breaking News Blog), the Charlottesville Daily Progress, and Rockbridge Weekly all provide coverage.
At First One @ One First, Mike Sacks examines how higher-education affirmative action issues might play out in the Roberts Court over the next several years.
On the prospects of Proposition 8 before the Supreme Court, Brandon Bartels of Concurring Opinions â€œhas little doubtâ€ that the Court will overturn Californiaâ€™s ban on same-sex marriage and â€œdeclare a constitutional right to gay marriage,â€ while Appellate Daily concludes that Prop 8â€™s supporters â€œhave far more to loseâ€ in the Supreme Court than its opponents.