New Hampshire is known for its frugality -- thus it manages to run the operations of state government with neither a sales or income tax, thus hundreds of residents turn out every year for town meetings to argue about whether the new snow plow is really needed, and thus David Souter thinks it perfectly normal for a Supreme Court justice to be living in an old farmhouse house that's on the verge of falling down. Somehow, though, Newt Gingrich did not absorb this bit of regional pop-psychology in his copious reading of American politics.
Washington—It should become the philosophical shot heard 'round the country.
Tom Goldstein is a partner at Akin Gump Strauss Hauer & Feld, and lecturer at Stanford and Harvard Law Schools. He is the founder of SCOTUSblog. A version of this piece was originally posted there on February 23, 2010. When Justice Stevens retires, what happens then? There will be a pretty efficient process. The White House will receive significant pressure from both the right and left, all of which it will basically ignore. Conservatives will want to use the Court as a rallying point for their base for the 2010 midterm elections and beyond.
Last month, the Supreme Court handed down its most polarizing decision since Bush v. Gore. The 5-4 ruling in Citizens United v. Federal Election Commission called into question decades of federal campaign finance law and Supreme Court precedents by finding that corporations have a First Amendment right to spend as much money as they want on election campaigns, as long as they don’t consult the candidates.
Attention was understandably focused on Sonia Sotomayor this week, as her confirmation hearings unfolded. But what about Obama's other judicial nominees? The president has so far nominated five judges to federal circuit courts. On average, these nominees are 55 years old, more than a decade older than Sotomayor was when she was nominated to the Second Circuit. (She was 43.) For years, Republicans have been nominating sharp young conservatives to the lower federal courts.
A tip from an informant led Detective Amando Rodriguez and Sergeant Diane Contreras to the stash house--actually a New York City apartment--which they had good reason to think contained a substantial haul of drugs. The suspicion was confirmed when they busted a man leaving the building with a kilo of cocaine in a black bag. The officers entered the building to stake out the apartment. That's when the carryout delivery woman arrived with an order for the stash house. Worried that she might inadvertently draw attention to their presence, the cops made a hasty decision to enlist her help.
David Souter is one of the most private Supreme Court Justices, but this 1993 TNR article by Jeffrey Rosen did a fascinating job of illuminating Souter's inner life: "Have you read Proust?" Justice Souter asked near the beginning of my interview for a clerkship last March. We were talking about Henry Adams, the subject of my college thesis, and so the question was unexpected. I hadn't gotten very far, I confessed; but Justice Souter was sympathetic. "I failed, too, when I tried the first time.
While doing research for a piece, I came across this 1990 gem in the Washington Post: He's a bookworm who looks like Pat Paulsen. His idea of excitement is a long hike in the woods. He does impressions, for God's sake. He wears extremely bad ties. David Souter is not your standard hunka hunka burning love. News that the 51-year-old judge had never married set off a flurry of speculation that the Supreme Court might be getting its first gay justice.
By Richard Stern I enjoyed Cass Sunstein's recent speculations on the possible transition from the present conservative (rather than centrist) Roberts-led court to a liberal one of the sort over which Chief Justice Warren presided. My interest in court matter was ignited sixty-seven years ago when I read Drew Pearson and Robert S. Allen's The Nine Old Men and wrote in my Hunter College Model School yearbook that I wanted to be a Supreme Court justice. The chief redeemers of that beknighted court, Brandeis and Cardoza, were Jews, as high as such people as I could go in that era.