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June 25 roundup
Overlawyered —
UK libel law still casting a chill on free speech around the world [Floyd Abrams, Index on Censorship via Ken at Popehat, Kirk Hartley]
Much talked about Ramesh Ponnuru op-ed on Constitution and government consideration of race [NYT]
“EFF Busts Bogus Internet Subdomain Patent” [Electronic Frontier Foundation]
Why you can’t get low-cost health insurance, part LXVII: legal pressure on insurers to cover behavioral autism treatment [NLJ, Detroit Free Press]
New ...
"GOP to press Sotomayor on gun rights; Republicans say they will question the Supreme Court nominee on the divisive issue at her confirmation hearings in hopes of weakening her support among moderate Democrats"
How Appealing —
... on SCOTUS cameras."
Politico.com reports that "Republicans drop niceties, go on attack on Sotomayor."
At the "Legal Beat" blog of CQ Politics, Keith Perine has a post titled "Confirmation Process 'Miserable,' O'Connor Says." You can view the video of Justice Sandra Day O'Connor's appearance on today's broadcast of the NBC News program "The Today Show" by clicking here.
In commentary, The New York Times contains an op-ed by Ramesh Ponnuru entitled "When Judicial Activism Suits the Right."
And in The Boston Globe, Neal Gabler has an op-ed ...
Ramesh's Op-Ed
The Corner on National Review Online —
Thursday, June 25, 2009 [image] Ramesh's Op-Ed [ Andy McCarthy ] I have some differences with Ramesh's New York Times op-ed (and with his longer NR essay that Jonah pointed us to yesterday). They are more extensive (not in number but in substance) than I could to justice to in a post, so I'm going to use my next column to explain them. But in the meantime, I want to applaud him on two counts. First, he couldn't be more right than to caution conservatives against encouraging a judicial activism of the Right. I got a lot of heated email a few years back over agreeing (in a Corner post ) with a Ninth Circuit decision that declined to ...
McCarthy: The Originalist Quest
Articles on National Review Online —
A bout four years ago, I was on the receiving end of some querulous reader e-mail. The Ninth Circuit federal appeals court in California had sent some social conservatives into orbit: ruling that there was no fundamental parental right to control the content of sex-education instruction in public schools. I made the mistake of agreeing with the ruling in a post ...
Ramesh & Rightwing Judicial Activism
The Corner on National Review Online —
... this weekend on the discussion we've been having here and at Bench Memos over Ramesh's New York Times op-ed earlier this week. As I said a couple of days ago, I think this is a really welcome debate to have and very timely with a decision due Monday morning in Ricci , (the affirmative-action case involving the New Haven firefighters and Judge Sotomayor). I'm glad Ramesh prompted it. ...
The Ricci Case
Matthew Yglesias —
... This seems like a good time to link to Ramesh Ponnuru’s smart New York Times op-ed on this case. Ponnuru makes the eminently sensible point that whether or not you like the conservative justices’ new rule, there’s nothing “originalist” about legal conservatism’s hostility toward policies designed to provide assistance to non-whites. It’s pretty abundantly clear from the historical record that the congresses that framed the Civil War amendments were not opposed to remedial measures designed to advance the interests of African-Americans. ...
McCarthy: Justice Thomas, Originalist
Articles on National Review Online —
I n positing that conservative jurists and legal pundits are apt to temper their enthusiasm for judicial restraint and originalism when necessary to rationalize such right-wing policy preferences as race-neutrality, Ramesh Ponnuru s recent New York Times op-ed focuses, in part, on the Supreme Court s June 22 decision in ...
McCarthy: Equality Under the Law
Articles on National Review Online —
W riting in the New York Times before the ruling in Ricci v. DiStefano the case involving New Haven firefighters denied promotions by city officials on grounds that were quite intentionally race-conscious NR senior editor Ramesh Ponnuru observed : To conclude that New Haven acted unconstitutionally is to assume that the Constitution s Fourteenth Amendment mandated a policy of strict colorblindness by state and local governments. Maybe it should have. But the historical evidence that it did is weak. Certainly the conservatives on the Supreme ...
Doug Kendall: A Live Blog Primer for the Sotomayor Confirmation Hearings, Part I - Defining Victory
Politics on HuffingtonPost.com —
... potent vehicle for moving the country in a conservative direction by, for example, cutting back on federal laws that regulate campaign finance and guns, protect the environment, prohibit discrimination, and promote affirmative action. The dirty little secret of the Court's conservatives is that many of the central planks of the conservative legal agenda depend on just the sort of judicial activism that conservatives love to decry, a point effectively made in a recent and remarkable op-ed in the New York Times by Ramesh Ponnuru. Ponnuru, editor of the ...
