Blog Round-Up – Thursday, December 28th

On Balkinization law professor Sandy Levinson has this post on Alito and executive power.

PrawfsBlawg has this post on the relationship between Padilla’s case and the companion case to Korematsu, Ex parte Endo. In Ex parte Endo the Supreme Court granted a habeas petition filed by a Japanese-American internee on the ground that the government (through the War Relocation Authority) lacked the authority to hold her.

Sentencing Law & Policy has this post on whether or not Alito’s death penalty jurisprudence could mean trouble for his nomination.

The Volokh Conspiracy has this post on Kelo. It references an article from the the New London Day newspaper that has uncovered the depth of the Pfizer’s involvement in motivating the government’s exercise of the eminent domain power to take the Kelo plaintiffs’ homes. The Volokh Conspiracy also has this post with an op-ed by Randy Barnett on whether or not the “new federalism” will survive Justice Rehnquist’s death.

The Washington Post’s blog, Campaign for the Supreme Court, has compiled this sampling of headlines various news outlets chose to place on the story about a 1984 memo in which Alito urges the Solicitor General to support qualified immunity for the attorney general in a wiretap case.

Jeffrey Rosen, professor of law at George Washington University and legal affairs editor at the New Republic; and Stuart Taylor, a columnist with National Journal and a fellow at the Brookings Institution discuss the Alito nomination at the Online NewsHour here.