Articles Posted in Supreme Court

For those interested in the history of the Constitution and its judicial interpretation, the George Washington Law Review has a: COMMEMORATING THE 100TH ANNIVERSARY OF FARRAND’S RECORDS OF THE FEDERAL CONVENTION edition. Volume 80, No. 5, includes: A Dialogue on Statutory and Constitutional Interpretation The Honorable Antonin Scalia & John F. Manning 80 GEO. WASH.…

Here is a link to Orin Kerr’s review of Fourth Amendment cases from the 2011 SCOTUS term.

Professor Friedman has posted various amicus pleadings on his blog here. He lists one not currently on the SCOTUSBlog for the case. A little more here with Supreme Court cases with potential impact on military justice. Professor Friedman does note as to his own filing: There are a couple of passages that I would amend…

SCOTUSBlog reports their “petition of the day,” which is a criminal evidence case with potential relevance to military justice practitioners – Childers v. Florida, if granted. Issue two is: 2. Should the Court resolve a conflict in the Circuits and clarify whether its Confrontation Clause precedents, Olden v. Kentucky, 488 U.S. 227 (1988), Delaware v.…

The President intends nominating Elena Kagan, the current Solicitor General of the United States, as the next (and 112th) justice of the United States Supreme Court, according to the Washington Post. In replacing Justice John Paul Stevens, Obama would also be breaking with tradition. Every other member of the court is a former federal appeals…

Thanks to SCOTUSBlog here is a link to a new Supreme Court research tool. The Supreme Court Database. The Supreme Court Database is the definitive source for researchers, students, journalists, and citizens interested in the U.S. Supreme Court. The Database contains over two hundred pieces of information about each case decided by the Court between…

Here are the cases with potential impact on military justice for November argument – courtesy SCOTUSBlog. Florida v. Powell (08-1175) — police duty to expand “Miranda warnings” before questioning suspect.

SCOTUSBlog has provided this excellent summary of panels over the next few weeks which will address past and pending issues before the court. Not all of the issues may be relevant to day to day lawyering in a court-martial setting, but worth considering. A reminder that SCOTUSBlog is the best website out there with relevant…

I have previously mentioned several cases affecting military justice that will be argued next term. Check the Maryland v. Shatzer SCOTUSwiki page throughout the summer for additional updates. Argument Preview The Fifth Amendment provides that “[n]o person . . . shall be compelled in any criminal case to be a witness against himself.” Miranda protects…

Here is the 21 April 2009 Supreme Court decision in Arizona v. Gant. Basically it limits the scope of a warrantless car search. In the course of its decision the court did not overrule New York v. Belton, 453 U. S. 454 (1981), but concluded Belton was misunderstood and misapplied. This was a 5 –…