On Friday, Judge John Gleeson of the Eastern District of New York decided a case that I worked on extensively. He struck down New York State's system for electing Supreme Court Justices, which is to say trial court judges in the court of general jurisdiction. New York used partisan elections but with no primary elections. Instead, the parties ( Read more... )

Banks v. Dretke, No. 02-8286. Justice Ginsburg wrote the majority opinion, which the Chief Justice and Justices Stevens, O'Connor, Kennedy, Souter, and Breyer joined in whole and Justices Scalia and Thomas joined in part. Justice Thomas wrote an opinion concurring in part and dissenting in part, which Justice Scalia joined ( Read more... )

Lamie v. U.S. Trustee, 02-693. Justice Kennedy wrote the majority opinion, which was joined by Chief Justice Rehnquist and all the associate Justices except for Justice Stevens and, as to one section, Justice Scalia. Justice Stevens wrote an opinion concurring in the judgment, which Justices Souter and Breyer joined ( Read more... )

Iraqi Interim ConstitutionAs most people who follow the news probably know, the Governing Council of Iraq recently signed the "Law of Administration for the State of Iraq for the Transitional Period," better known as the interim constitution. I believe that it is now a binding document, although it does not go into force until 30 June 2004. ( Read more... )

Fellers v. United States, 02-6320. Opinion by Justice O'Connor for a unanimous Court.

The Sixth Amendment provides a right to counsel in criminal cases. This case turns on two questions: whether the police can have a discussion with a suspect about suspected criminal conduct after the right to counsel has attached without providing Miranda ( Read more... )

Alaska Department of Environmental Conservation v. Environmental Protection Agency, No. 02-658. Majority opinion by Justice Ginsburg, in which Justices Stevens, O'Connor, Souter, and Breyer joined. Dissent by Justice Kennedy, in which Chief Justice Rehnquist and Justices Scalia and Thomas joined ( Read more... )

All future posts will be available in a digest form at www.livejournal.com/~ahm_digest ( Read more... )

Kontrick v. Ryan, 02-819. Unanimous opinion by Justice Ginsburg ( Read more... )

Frew v. Hawkins, 02-628. Opinion by Justice Kennedy for a unanimous Court ( Read more... )

Illinois v. Lidster, 02-1060. Justice Breyer wrote the majority opinion, which Chief Justice Rehnquist and Justices O'Connor, Scalia, Kennedy, and Thomas joined. Justice Stevens wrote an opinion concurring in part and dissenting in part, which Justices Souter and Ginsburg joined ( Read more... )