Round-Up

The ACSblog has a comprehensive piece today that tries to “untangle” the debate over presidential signing statements. The article, which can be found here, is co-authored by several former Office of Legal Counsel attorneys, including SCOTUSblog contributor Marty Lederman and Michael Small of Akin Gump.

At Concurring Opinions, guest blogger Amanda Frost tells of a case that she litigated which ultimately resulted in a 6-6 tie after an en banc rehearing in front of the Tenth Circuit. To let her know what this means for the chances of the Supreme Court granting cert, or just to read more about the case, click here.

In addition, a new paper has appeared on SSRN that is worth noting. Called “The Legitimacy of the United States Supreme Court in a Polarized Polity,” it’s written by James L. Gibson of Washington University in St. Louis and can be downloaded here (thanks to Rick Hasen of Election Law Blog who originally highlighted the paper in this post).

Finally, as the discussion continues over the proper place of law blogs within the legal establishment, this blog post at UCL Practitioner notes that the dissent from a denial for an en banc rehearing issued yesterday in Harper v. Poway Unified School District (9th Circuit) actually cites this analysis posted to the Volokh Conspiracy.