In Charlie Savage’s story from last year on the sidelining of Laurence Tribe as head of an “Access to Justice” program at DOJ, he reported that Tribe originally believed he would serve as counselor for “rule of law” issues in Obama’s Administration. There was also concern over how his presence might play out internally, several [...]

Just as a little thought experiment, let’s look how some passages from SCOTUS nominee Elena Kagan’s successful argument in U.S. v. Comstock–in which SCOTUS just voted 7-2 to affirm the federal government’s authority to indefinitely detain sex offenders who are mentally ill–appear when we replace the term “sexually dangerous person” with “terrorist.” (See Adam B’s [...]

The government tried to use a case reviewed this year to get SCOTUS to buy off on their larger claims of privilege. Thankfully, Justice Sotomayor declined to do that.

Will Miguel Estrada face Sonia Sotomayor in one of her early cases on SCOTUS, as Estrada tries to defend John Yoo’s crappy lawyering?

I’m worried about the way that Sotomayor answered a question on “unreasonable search and seizure.” But I’m heartened by her answer to a Korematsu question.

Schumer up.