Alito aka "Scalito"

One of my favorite Ciruit Court judges, Samuel Alito of the 3d Circuit, is the new nominee. The SCOTUS blog has a good post. Some pundits refer to Judge Alito as "Scalito" because of his Scalian judicial philosophy. This is a good pick by the President, and although the Democrats will huff and puff, they won't be able to blow this house down.

Alito will be confirmed by January 1.

Americans Decry "Judicial Activism"

An ABA Journal survey has found that "More than half of Americans are angry and disappointed with the nation’s judiciary." Here are some money excerpts:

A majority of the survey respondents agreed with statements that "judicial activism" has reached the crisis stage, and that judges who ignore voters’ values should be impeached. Nearly half agreed with a congressman who said judges are "arrogant, out-of-control and unaccountable."

....

Several legal scholars responding to the survey results were startled by the numbers.

Georgetown’s Tushnet says he didn’t realize the level of dissatisfaction was so high. "What I had thought was the case was that there was a significantly higher residue of general respect for the courts," he says. "And these numbers suggest that that’s not true."

Geyh of Indiana University says the survey suggests "a trajectory" upward in the number of people unhappy with the American judiciary—apparently simply because these critics disagree with the law that judges have a duty to apply.

The idea that judges should "somehow follow the voters’ views really reflects a fundamental misunderstanding of what judges are supposed to do," he continues. "They should only be criticized when they ignore the law and start infusing their own values into the law regardless of the law."

Hmmm. Maybe voters believe that the judges are not following the law, but rather are making the law, ruling a free and self-governing people from the Bench, based upon the judges' own beliefs and moral preferences.

I am not shocked by this survey. I am pleased and encouraged. Bob Bork may have lost the "great debate" in the law schools, but it looks like he is winning with the People.

Scrappleface on the Miers' Nomination

The always amusing Scrappleface has a very funny post on the Miers' nomination. Check it out for yourselves. Here is a money excerpt:

"Meanwhile, White House sources said, Miss Miers 'pulled an all-nighter' preparing responses to a follow-up questionnaire from the Senate Judiciary Committee due today.

The nominee reportedly consulted several familiar legal reference works, including Cliffs Notes, U.S. Constitution for Dummies and the Schoolhouse Rock video on American history."

Class Schedule

Update: Please notice additional class (Mon. Oct. 31) on which we will not meet (see below):

As we discussed earlier, because our class meets for 60 minute hours, we have 7 class periods to cancel. Here are 5 dates on which we will not meet:

1. Tuesday October 4
2. Wednesday October 12
3. Monday October 31
4. Monday and Tuesday November 21 & 22 (Thanksgiving Week)

Should Polygamy Be Legal?

Gary Becker and Judge Posner are discussing this over at the Becker-Posner Blog (link and link)

Astros in Six

Sorry, Prof. Lenich, but I think the Astros will win the WS in no more than 6 games.

They have an edge in starting pitching (Clemens, Pettitte, Oswalt) and a substantial edge in the bullpen.

It will be Astros in 5 or 6 games!

1917 is still a magic number.

Same-Sex Marriage debate

There is some great discussion about the same-sex marriage issue taking place this week on the Volokh Conspiracy blog. Check it out if you are interested.

Great Blog

The one "must read" blog every day for a lawyer wanting to stay informed is Howard Bashman's How Appealing. Check it out and, if you like it, bookmark it.

Oregon Assisted Suicide Case

Over at the ACS blog, Lauren Saunders has a nice summary of the Supreme Court oral arguments in the Oregon physician assisted suicide case. Here is the link.