Federal Judiciary

Monday round-up

By James Bickford

Justice Stephen Breyer?s new book, Making Our Democracy Work: A Judge?s View, will be published tomorrow.  Today, Nina Totenberg of NPR has an excerpt and an interview with Justice Breyer, who acknowledges that ?[a] court will sometimes be wrong? but maintains that ?it?s more important to have a nation that tries to resolve its differences, important ones, under law rather than having people resort to violent alternatives.?

Justice Elena Kagan has now recused herself from twenty-one of the forty cases that the Court has so far agreed to hear in the coming Term.  At the Blog of Legal Times, Tony Mauro reports on the ten new recusals announced last week.  Mauro?s posts have generated some commentary in the blogosphere, which we will be covering in an upcoming post.

Michael Newdow, whose constitutional challenge to the Pledge of Allegiance reached the Supreme Court in 2004 only to be decided on standing grounds, is now representing several New Hampshire parents in a similar case.  Sheri Qualters reports for Law.com on Thursday?s oral argument before the First Circuit.  At the Wall Street Journal Law Blog, Ashby Jones wonders whether Newdow has ?a prayer.

Also at the Wall Street Journal Law Blog, Nathan Koppel notes Bloomberg?s recent reporting (highlighted by Anna on Friday) on the Twombly/Iqbal pleading standard and its effects on corporations defending against investor lawsuits.

Briefly:

• Alex Pham summarizes the video game industry?s recently filed brief in Schwarzenegger v. Entertainment Merchants Association for the Los Angeles Times.

• At ACSblog, Kathrine Jack and Robert Miller consider the implications of Citizens United for abortion opponents? efforts to establish fetal personhood.

• Appellate Daily names several titles on Justice Anthony Kennedy?s list of books every lawyer should read.

Full post as published by SCOTUSBLOG on September 13, 2010 (boomark / email).