Blog Round-Up

On FAIR v. Rumsfeld:

This week the Legal Affairs Debate Club asks, “Is FAIR v. Rumsfeld Bad for Free Speech?” Debating are Mark Moller, the editor-in-chief of the Cato Supreme Court Review and a co-author of Cato’s amicus brief in FAIR v. Rumsfeld and Angus Dwyer, a third-year student at Yale Law School, where he is active in the Federalist Society.
PrawfsBlawg has this post with Paul Horwitz’s thoughts on FAIR v. Rumsfeld.
Here PrawfsBlawg links to other reactions to the case.

In other news:

PrawfsBlawg has this post on “The Roberts Court Methodology.” It links to this post from LawCulture which notes that the Solomon Amendment decision cites solely to prior Supreme Court opinions, statutes, and regulations.
Here Orin Kerr comments on LawCulture post on Volokh Conspiracy.
Concurring Opinions has this post and this post on the Albritton Lecture at the University of Alabama, which was delivered by Justice Breyer earlier this week.
Here also, is an AP article with some of Justice Breyer’s thoughts on the new Court.
ACSBlog has this post on the Supreme Court’s decision to decline to hear the case of Avery v. State Farm Automobile Ins. Co., which raised the timely question of whether the due process clause can create a duty for a judge to recuse himself in cases where a significant campaign contributor is a party.

UPDATE:

Here the National Institute of Military Justice has posted a report by Attorney, Jennifer K. Elsea, on the proposed Equal Justice for Our Military Act, H.R.1364, which would broaden the circumstances under which members of the Armed Services convicted by courts-martial are eligible to apply for a writ of certiorari to have their cases reviewed by the Supreme Court. Information about the act can also be found here on the Judge Advocates Association website.

Here the First Amendment Center has posted an “online exchange of comments” on FAIR v. Rumsfeld by Dale Carpenter and Robert Corn-Revere.

ACSBlog has this post titled, “Preserve, Protect, and Defend: Executive Detention, Jose Padilla, and the War against Al-Qaeda.”

Here is a post on Scriveners Error on FAIR v. Rumsfeld by a career military officer turned lawyer.