Should states sue polluters under state common law?

Neil Katyal, former Acting Solicitor General, won a unanimous decision in a major climate case in the 2010 Term. But some states continue to sue polluters under their public nuisance laws. Katyal–now a partner at Hogan Lovells LLC–said: “I have to try really hard to come up with a lawsuit that’s less appropriate for the federal courts to resolve.” Read more here.

Justice Stephen Breyer speaks at Chicago-Kent

Supreme Court Justice Stephen G. Breyer spoke at IIT Chicago-Kent College of Law on Monday, September 12, 2011. Prior to his address, we produced and played an introductory video reflecting on Breyer’s 17+ years of service on the Court. We integrated commentary by Professors Sheldon Nahmod, Carolyn Shapiro, and Edward Lee with selections from Justice Breyer’s majority opinion announcements, dissents from the bench, and oral arguments. Please watch the video, now in two parts. Feel free to share this with others who may share an interest in Justice Breyer’s career.

We shall link or post Breyer’s remarks in the next few days.


Liberals attack core conservative principles

Professor Geoffrey Stone of the University of Chicago Law School lays out a detailed argument with the following objective: “The conservative constitutional narrative is deeply unprincipled and patently wrong, both in its defense of conservative judicial ideology and in its attack on what conservatives deride as a result-oriented “liberal” jurisprudence. In fact, most of the decisions the conservatives deride are premised on sound principles of constitutional interpretation and on the Framers’ own understanding of our Constitution and of the essential role of courts in our constitutional system.” Read more here.

Get tough with SCOTUS ethics, say House Dems

A group of House Democrats are pushing for tougher ethics standards for Supreme Court justices. They want to hold the justices to the same high standards that apply to all other federal judges. It seems obvious that this proposal is a non-starter in the Republican-controlled House. But it does draw attention to the different standards that apply for the high court. Read more here including the letter proposal signed by 43 members.

Wealth among “The Nine”

OpenSecrets.org has analyzed the justices’ most recent financial disclosure statements here. You can find the justices’ financial disclosure statements on their individual pages in Oyez through 2010, the most recent period available. The statements go back back several years.

OpenSecrets analyzed the 2009 statements and will release a similar comparative table of minimum, average, and maximum net worth later this year. It is unclear whether OpenSecrets relied on Justice Clarence Thomas’s original or amended statement, which addressed the matter of his wife’s income for the first time.