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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Monday, June 08, 2015

"Zivotofsky May Be Remembered as Limiting Exclusive Presidential Power"

Important case today regarding executive power even if the specific issue is largely symbolic. I have more there, but the title essay seems convincing. Scalia (with Roberts/Alito) dissented with a bench statement, which again is not provided to us peons though the media probably got it beforehand. Note that all the Jewish justices joined in the majority, which rejected the claim of the Jewish family.  Just Security and other blogs will have more* on this case, which seems to be decided correctly though like Justice Breyer, would have avoided it as a political question if possible. 

Today was also an "order day," and the most notable for me thing there is that we finally had a 2A sighting. Thomas (with Scalia) opposed the denial of cert. regarding a limitation on home ownership that blocked ready-made access to guns there. It does seem a borderline case though it is about time for the Supremes to clarify the proper standards to use in such cases.  Since Heller made the home particularly important here (the 2A has a penumbra/emanation too, I guess), it might have been a good case. There are a few others splitting on outside the home.

There is also was Justice Stevens sighting. Meanwhile, John Oliver had a good segment last night on how bail is unevenly applied in this country, many poor people innocent until proven guilty detained for not having enough money.  Also on the t.v. front: Veep wasn't that good and like the question of how she got the nomination while beginning the primary season so badly, a strong problem at the end seemed to be hand-waved by use of a disposable scapegoat.

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* Jack Goldsmith (something of a reasonable conservative)  argues the opinion actually is a "significant victory" for executive power though is still unclear who has a stronger case on the merits. FWIW, I really don't think he refutes Prof. Dorf though guess selective reading of the opinion can help executive power claims.

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