Federal Judiciary

Friday round-up

By Akin Gump Supreme Court Practice Group

Today, the blogosphere and news media continued to report on the anticipated outcome of the upcoming Senate floor vote on Elena Kagan?s confirmation. The New York Times? Caucus blog reports that Indiana Senator Richard Lugar has just become the second Republican to publicly back Kagan, and the Boston Globe also has coverage of Senator Lugar?s announcement.  Meanwhile, the Chicago Sun-Times writes that GOP Senate candidate Mark Kirk of Illinois has indicated that, if he were a Senator now, he would support Kagan?s confirmation, while the Birmingham News notes that Senator Richard Shelby of Alabama plans to vote against her, as does Senator Lamar Alexander of Tennessee, reports USA Today.

In a column at the Washington Post, David S. Broder argues that, with the anticipated confirmation of Elena Kagan as the fourth-ever female Justice on the Supreme Court, the culture of the judiciary will change for the better.  Ed Whelan responds to Broder?s discussion at the NRO?s Bench Memos blog, highlighting the late Justice Brennan?s longtime opposition to the presence of female clerks and Justices on the Court.  Meanwhile, Naftali Bendavid writes at the Wall Street Journal that Elena Kagan?s confirmation process has made clear that Supreme Court nominations are now ?part of the partisan battleground,? citing comments from both sides on the Kagan nomination, and at the St. Louis Post-Dispatch, Travis Scholl addresses the fact that Elena Kagan?s confirmation will herald a Supreme Court which, for the first time ever, lacks a Protestant Justice.  (If Kagan is confirmed, all nine Justices will be either Catholic or Jewish.)

The Los Angeles Times? Richard Simon reported yesterday that the House of Representatives, in response to this year?s ruling in United States v. Stevens, approved a narrow bill prohibiting the sale and distribution of obscene video depictions of animal cruelty.  Unlike the law struck down by the Court, the new bill exempts video depictions of hunting, fishing, and ?customary and normal veterinary or agricultural husbandry practices.?

In another follow-up to one of this Term?s landmark rulings, the Associated Press covers the efforts of two interest groups ? one liberal, one conservative ? to collect large contributions for campaign ads.  Both groups, correspondent Sharon Theimer writes in her article, seek to capitalize on the Court?s January ruling in Citizens United v. FEC.

Briefly

• The Toronto Globe and Mail has coverage of Conrad Black?s release following a Supreme Court decision overturning a critical element of his conviction.  (Lyle also reported on the development yesterday for this blog.)  The paper notes, however, that an insurance policy covering the media mogul?s legal costs has been terminated, leaving Black with millions of dollars in legal fees.  (Thanks to How Appealing for the link.)
• Also at this blog, Lyle reported yesterday on the appointment of a private lawyer to argue the government?s case in Pepper v. United States.
• In the ABA Journal, Steven Seidenberg has an article on the implications of last month’s Bilski ruling for patent law.

Full post as published by SCOTUSBLOG on July 23, 2010 (boomark / email).