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Federal Judiciary

Supreme Dicta

An eccentric look at law, politics, and the Supreme Court.

Post Frequency: 0.9/day

Last Entry: June 26, 2009 at 14:23:00

The Founders were visionaries...

Posted on May 09, 2008

Why I love The Onion (and the Washington Nationals)

Posted on May 08, 2008
Nationals Book It After Foul Ball Accidentally Smashes Capitol Rotunda WASHINGTON, DC?An 8,976-foot foul ball off the bat of Washington third baseman Ryan Zimmerman crashed through the U.S. Capitol Building rotunda Sunday afternoon, prompting both the Nationals and the opposing Pittsburgh Pirates to gasp, turn to each other in shock, and immediately run full speed out of Nationals Park...

Retarded state legislation: California edition

Posted on May 08, 2008
As Justice Brandeis said, state legislatures are the "laboratories of democracy." Well in some cases, a well-intentioned laboratory can produce a Frankenstein monster... or in this case, a GED for your governor! God I love California, they are very dictalicious...

We are a little less Loving today

Posted on May 06, 2008
No snarkiness in this post. Just a solemn, grateful remembrance.Mildred Loving, matriarch of interracial marriage, diesBy DIONNE WALKER – 11 hours agoRICHMOND, Va. (AP) — Mildred Loving, a black woman whose challenge to Virginia's ban on interracial marriage led to a landmark Supreme Court ruling striking down such laws nationwide, has died, her daughter said Monday...

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Girl fight = hot!

Posted on May 05, 2008
It is on!!!!! According to The Manchester Guardian:What a cat fight it is turning out to be. Later this month, in a courtroom in Riverside, California, Barbie will go head to head with her nemeses, that streetwise gang of four known as Bratz. At stake is not just the future of the multibillion-dollar doll market, but also the ownership over images of femininity that influence the imaginative lives of millions of girls around the world...

Red Sox Nation has its own police force

Posted on May 02, 2008
From today's Boston Globe:Federal authorities are investigating whether the head of the US Marshals Service in Boston assigned deputy marshals, normally charged with tracking fugitives and protecting judges, to ferry Fox Sports broadcasters Tim McCarver and Joe Buck between their hotel and Fenway Park during last year's World Series...

Best trademark dispute ever!

Posted on April 30, 2008
ATHENS, Greece (AP) -- A Greek court has been asked to draw the line between the natives of the Aegean Sea island of Lesbos and the world's gay women.Three islanders from Lesbos - home of the ancient poet Sappho, who praised love between women - have taken a gay rights group to court for using the word lesbian in its name...

Retarded state legislation: Lousiana edition

Posted on April 30, 2008
Gracious hat-tip to Quiz Law.As Justice Brandeis said, state legislatures are the "laboratories of democracy." Well in some cases, a well-intentioned laboratory can produce a Frankenstein monster... or in this case, a tasty adult beverage.S.B. 6By Senator Murray§170...

Ars Scientia Propagandis: Law's Problem with Expelled

Posted on April 28, 2008
So Expelled has been causing a little bit furor over its unremitting and unending stupidity. And, I want to be quick to point out, that stupidity does NOT have to do with the content of its underlying "science," creationism (which, for the record, is pretty stupid)...

Lady Justice Does Bubble Dance with Scales. Film at Eleven

Posted on April 23, 2008
In keeping with my (much) earlier post on the use of humor by judges and jurists, I follow up with a post on the use of Rhyme in the writing of opinions. While I find all of these are particularly funny, it should also be noted that rhyme included as part of written opinions is frowned upon by the bar...

Happy Birthday, William Shakespeare

Posted on April 23, 2008

Toughest moot court ever!

Posted on April 22, 2008
But probably a lot of fun!For three days last week, Chief Justice John G. Roberts Jr. heard arguments in a real court in Washington. Then he came to New York to preside over a fake one ? the finals of the moot court competition at Columbia Law School...

Sanctity of...divorce?

Posted on April 18, 2008
I guess we should have seen this coming.Massachusetts, at least early on, let out-of-state gay couples get married there practically for the asking. But the rules governing divorce are stricter. Out-of-state couples could go back to Massachusetts to get divorced, but they would have to live there for a year to establish residency first...

The sign of a rough economy

Posted on April 17, 2008
Former Attorney General Alberto Gonzales can't find a job as a lawyer, eight months after resigning in disgrace. His primary income has been from hitting the lecture circuit! Finally, a little bit of divine justice.Asked about reports that law firms have not taken up feelers from Mr...

Fat-Bottomed Girls, They Make the World Go 'Round

Posted on April 16, 2008
So, I hear from lotsa people (okay, the BBC and the Huffington Post) that France's National Assembly has passed a bill to authorize prison sentences for those who advocate "extreme thinness."I don't quite know what to make of this, myself. Speaking just for myself, and I can't believe I'm writing this on a blog my MOTHER reads, I don't understand the impetus toward "attractive" meaning "capable of falling through a crack in the floor...

Retarded state legislation: California edition

Posted on April 16, 2008
As Justice Brandeis said, state legislatures are the "laboratories of democracy." Well in some cases, a well-intentioned laboratory can produce a Frankenstein monster. This is the third time the Dicta has bestowed this honor on the great State of California...

The perfect follow up

Posted on April 11, 2008
...to yesterday's post. From the WSJ Law Blog:The Scalia Roadshow continued yesterday when Nino took questions from a group of really smart students from Thomas Jefferson High School for Science and Technology.To queries about his youth, Scalia said that, while a student at Xavier High School in Manhattan, he played the French horn, was on the junior varsity rifle team, and played Macbeth in a high school play, terming his mastery of Shakespeare?s tragedy ?significant...

What's worse than citing foreign law? Citing Shakespeare

Posted on April 10, 2008
The good folks over at Concurring Opinions have previewed a new article that will be soon be published in my favorite law journal, the Green Bag. Prof. Todd Henderson of the University of Chicago has investigated the extent to which works of literary fiction are cited in appellate court decisions...

Funny legal words

Posted on April 07, 2008
Courtesy of The Billable Hour. Buy their stuff!

Another great case name

Posted on April 04, 2008
United States v. Rayburn House Office Building Room 2113Confused? This is yet another example of an "in rem" action, in which the government is attempting to justify the seizure of an asset. And the asset is listed as one of the parties to the action...

Take me out to the ball game

Posted on April 01, 2008
Some of you may know that I am a little nuts when it comes to baseball. I think it is altogether fitting and proper that Opening Night came one week after Easter. They are both religious holidays in my life. The Nationals unveiled a new ball park on Sunday...

Quotes of the day

Posted on March 31, 2008
In case you missed some of the coverage of the Supreme Court from last week, the Court heard a case testing the extent to which defendants are allowed to represent themselves in court. The case, Indiana v. Edwards, involves a defendant on trial for attempted murder who was ruled to be sane enough to stand trial, but too mentally disturbed to represent himself...

Yale nabs Linda Greenhouse

Posted on March 27, 2008
The so-called Tenth Justice of the Supreme Court is heading to the Yale University Law School. Linda Greenhouse, who has covered the Supreme Court for the New York Times for three decades will be leaving the paper as part of an employee buyout program...

Quote of the day

Posted on March 20, 2008
Tuesday was an historic day for the United States Supreme Court. Screw the D.C. gun case! More Dictalicious was an opinion they handed down in the case Washington State Grange v. Washington State Republican Party. That case involved a challenge to the structure of the Washington State primary election system...

Great case name...or greatest case name?

Posted on March 18, 2008
As you may know, the Dicta loves cool case names. Well I think we have an all-time winner, courtesy of the good folks over at Decision of the Day. The case is...U.S. v. Approximately 64,695 Pounds of Shark Fins, 05-56294 (9th Cir., March 17, 2008)Hang on, I'll wait for the hilarity to sink in...

A word of advice in the gun ban case...

Posted on March 18, 2008
Yes, the day is finally here. The Supremes will be hearing oral argument in the D.C. gun ban case, which is District of Columbia v. Heller. The opinion will likely be handed down in June.N.B. Sorry I didn't post last week. I took my first vacation in a full year! But I'm back now (although still very busy at work).

The most under-reported story of the week

Posted on March 07, 2008
This past Monday night, Hillary Clinton held a rally in Austin, TX to make a last minute appeal to voters before the primary. Of course, a large press contingent follows Sen. Clinton wherever she goes, and they need facilities to file their stories. Where did the press corps get set up during this rally? In the bathroom at a adjoining building...

How U.S. News really makes its law school rankings

Posted on March 06, 2008
Take a gander over at Concurring Opinions. Fantastic stuff.

Could you wait until July to commit your crime, please?

Posted on March 03, 2008
Death penalty opponents have found a novel way to prevent executions in Georgia.Shut down the criminal docket.See, what happened was, Georgia created a state-wide public defender system run by a state agency. This year, the Governor (generous of heart that he is) asked for $3...

Today in Legal History

Posted on March 03, 2008
March 3, 1879 - First Woman Admitted to Practice Before U.S. Supreme Court Belva Ann Bennett Lockwood becomes the first female attorney admitted to practice before the U.S. Supreme Court. In 1876, because of the Court?s refusal to admit women to practice before it "until such a change is required by statute," Lockwood will undertake three years of Congressional lobbying, resulting in passage of H...

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