Today in the News, 2.12.09

  • “[O]nce again, it looks like it’s a federal court that will force the state to deal with this festering problem.” Another local editorialist, this time in the Austin-American Statesman, complains about the lack of judicial neutrality that can result from campaign contributions made to candidates running for election as state court judges, following yesterday’s plea from the Chief Justice of the Texas Supreme Court to do away with partisan judicial elections. This issue is soon to be explored by the U.S. Supreme Court in Caperton v. A.T. Massey Coal.
  • “‘It’s not a subject that has a constituency,’ said Carrington. ‘Judges pretty much like things the way they are.’” Marcia Coyle of National Law Journal reports that a group of 33 law professors, judges, and attorneys are calling for fundamental changes in the way the U.S. Supreme Court functions.
  • “’People would say, ‘Who cares that there’s this technical violation of the Constitution?’'” he says. Standing cases often ‘arise in the context of constitutional provisions that no longer seem so terribly significant.’” Jess Bravin, writing in the WSJ, explores the tricky issue of standing in certain types of cases involving the Constitution, following the recent debate over Hillary Clinton’s emoluments problem.

More from

Voting Rights and Democracy
U.S. Court of Appeals for the Fifth Circuit

Nairne v. Landry

In Nairne v. Landry, the United States Court of Appeals for the Fifth Circuit is considering whether the Voting Rights Act’s prohibition on vote dilution is a constitutional exercise of Congress’s Fifteenth Amendment enforcement power.
Voting Rights and Democracy
 

United States v. Paxton

In United States v. Paxton, the United States Court of Appeals for the Fifth Circuit is considering whether the Materiality Provision in the Civil Rights Act of 1964, which prohibits states from denying the right...
Voting Rights and Democracy
 

Mi Familia Vota v. Petersen

In Mi Familia Vota v. Petersen, the United States Court of Appeals for the Ninth Circuit is considering whether requiring voters to include their birthplace on voter registration forms violates the Materiality Provision of the...
Rule of Law
 

Iowa v. SEC

In Iowa v. SEC, the United States Court of Appeals for the Eighth Circuit is considering the legality of the Securities and Exchange Commission’s new climate-related disclosure requirements.
Rule of Law
 

Chamber of Commerce v. CFPB

In Chamber of Commerce v. CFPB, the United States Court of Appeals for the Fifth Circuit is considering the legality of the Consumer Financial Protection Bureau’s update to its Examination Manual clarifying that discrimination may...
Rule of Law
 

Lackey v. Stinnie

In Lackey v. Stinnie, the Supreme Court is considering when a civil rights plaintiff is entitled to attorney’s fees as the “prevailing party” in a case.