Category Archives: Term

Justice Sotomayor’s First Oral Dissent

On Tuesday, for the first time in her five years on the Supreme Court, Justice Sotomayor read a dissent from the bench. This was in Schuette v. Coalition to Defend Affirmative Action, the case in which the six-justice majority upheld Michigan’s ban on racial preferences in its public universities. Oral dissents, as a relatively unusual … Continue reading Justice Sotomayor’s First Oral Dissent

The Aereo Case – and Prediction

On April 22, the Supreme Court heard oral argument in an important copyright case involving Aereo, an Internet TV service from Brooklyn that has the financial backing of media mogul Barry Diller. The case has received a lot of media attention because it pits a disruptive Internet startup against the old-line broadcast TV networks. But … Continue reading The Aereo Case – and Prediction

Hypotheticals Gone Wild – A Look Back at Oral Arguments in Navarette v. California

Case: Prado Navarette v. California By Professor Christopher Schmidt This one was a bit crazy from the start. One just senses that Chief Justice Roberts was sitting there as the first lawyer kicked off oral argument, tapping his foot impatiently, counting the seconds before a respectable amount of time had passed so he could pounce … Continue reading Hypotheticals Gone Wild – A Look Back at Oral Arguments in Navarette v. California

Constitutional First Principles on Display: A Look Back at Oral Arguments in NLRB v. Noel Canning

Case: National Labor Relations Board v. Noel Canning Last week’s Supreme Court oral arguments on the President’s recess appointment power was absolutely fascinating. National Labor Relations Board v. Noel Canning might seem on the surface a rather dry, technical case. But it has potentially dramatic implications. (Here is my colleague Carolyn Shapiro’s excellent summary of … Continue reading Constitutional First Principles on Display: A Look Back at Oral Arguments in NLRB v. Noel Canning