In Part 1, we examined the nonsensical, ahistorical, and contra-constitutional argument that “it’s-not-in-the-text” of the Constitution. In short, the primary argument in Justice Samuel Alito’s leaked opinion–i.e., that a woman’s right to choose an abortion is nowhere mentioned in the
New York Court Watcher
Vincent Martin Bonventre, the Justice Robert H. Jackson Distinguished Professor at Albany Law School, inaugurated New York Court Watcher in May 2008. Court observer Bonventre offers research and commentary on the United States Supreme Court, the New York Court of Appeals, and other federal and state courts on a wide range of public law issues.
Since its inception, New York Court Watcher has published several hundred commentaries. Virtually all of them are based on original research. Voting patterns of Justices and judges, as well as decisional patterns of the courts on which they sit, are a staple of the commentaries. Courts, Justices and judges, and the politics surrounding them--as well as practiced by them--are examined from a realistic and practical perspective. That is, legal realism as opposed to formalism. From the perspective of a political scientist as well as a lawyer.
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http://www.newyorkcourtwatcher.com/
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The Leaked Opinion–Constitutional Nonsense Revisited* (Part 1)
*In a series of posts several years ago, I examined some nonsensical arguments that are regularly spouted, often by those who do or should know better. [Supremely
Awful Arguments: Constitutional Nonsense (Part 1); (Part 2); (Part 3); (Part 4).] The leaked opinion is…
Ketanji Brown Jackson
Instead of rewriting what I’ve already said numerous times in interviews on TV, radio, and podcast about President Biden’s Supreme Court nominee, I thought I’d simply provide links to a few of those interviews.In the meantime, of course, our hearts, thoughts, and…
What’s with Gorsuch?
As widely reported, Justice Neil Gorsuch has decided to go maskless on the bench. Everyone else on the Court has been wearing a mask. Well, we can’t say that about Sonia Sotomayor. She has avoided the bench and participated in…
REPRISE: Religious Institutions Must Pay Abortion Coverage in NY
In a series of posts last year, I discussed the challenge to New York’s abortion insurance mandate brought by religious objectors. Led by the Roman Catholic Diocese of Albany, the challengers sought an exemption on sincere religious grounds.(See Religious Institutions…
Capitol Pressroom Interview on the new Court of Appeals List
Here’s a follow-up to the immediately preceding post on New York Court Watcher (The New List for the Court of Appeals–Seven names for the Governor to make her 1st pick for New York’s High Court):An interview with Capitol Pressroom host…
The New List for the Court of Appeals
Seven names for the Governor to make her 1st pick for New York’s High CourtJudge Eugene Fahey is retiring from the Court of Appeals. Not because he chooses to. But because of the state’s infuriatingly moronic mandatory age retirement. Fahey…
The New York Court of Appeals Latest List
For the second time in one month, the State Commission on Judicial Nomination released a list of nominees for New York’s highest court. Earlier last month, on April 8th, the Commission gave Governor Andrew Cuomo a list from which to…
Supreme Shift (Part 4): Final on Barrett’s Past Record
As Nick raised his glass, Father Keller said out loud, “Finally.”—from WHERE HAVE YOU GONE WITHOUT ME, by Peter BonventreYes, “Finally,” Part 4.Chip Somodevilla/Getty ImagesLate last year, in the previous installments in this series, we saw a pretty clear pattern.…
Grand Questions of the U.S. Constitution
The 2021 Albany Law Review Symposium VIDEO: https://vimeo.com/542787220PODCAST: https://soundcloud.com/user-952955809-873766748/albany-law-review-presents-grand-questions-of-the-us-constitution