FIRST ONE @ ONE FIRST

New Federal Judge Nominee as Trial Balloon

Posted in Anticipation by Mike Sacks on January 21, 2010

Jonathan Adler at Volokh Conspiracy writes about Obama’s nomination of Prof. Goodwin Liu to sit on the Ninth Circuit Court of Appeals.  Liu is young and liberal.

How young?  He received his bachelor’s degree in 1991, which makes him 40 years old if he graduated at 21.  This should satisfy Obama’s critics on the left who have complained that his nominees thus far have been too old.

How liberal?  He is the current Chair of the Board of Directors at the American Constitution Society.  This should make Liu a trial balloon for the resistance to be faced by Obama’s chosen successor to Justice Stevens (if he does indeed retire).  Of course, there’s a big difference in Senatorial apoplexy between nominating a liberal to 1) a circuit court and 2) the Ninth Circuit; and nominating a liberal to the Supreme Court.

Conspiracy!

Posted in Anticipation, Endorsements by Mike Sacks on January 18, 2010

Welcome Volokh Conspiracy readers!  While you’re here, give the below “weekend reading” a look – I know many of you will surely have strong opinions about my observations.

Thanks to Professor Randy Barnett for the VC shout.  I just finished reading the first part of his book-to-be, Fundamental Rights in the Constitution and very much enjoyed his exploration of the Ninth Amendment‘s original public meaning.

Also, over the weekend, Professor Orin Kerr, another prominent Conspirator, suggested that I supply some information on how early one must arrive in line at the Court to get a decent chance of getting inside to hear an argument.  Here are my preliminary thoughts:

  • Be Before 50th: The Court reserves at least fifty seats for the general admission line.
  • The “Dogs”: From my experience, if you get in line between 7 and 8 for the “dogs”–the technical cases without any newspaper coverage–you’ll get in.  By “experience,” I mean the first oral argument I ever attended, Danforth v. Minnnesota, for which my father and I got in line around 8am, received numbers around 50, and were among the final ones seated inside the Court.  Of course, despite no major awareness of Danforth in the news or general public, the case, like all SCOTUS cases, was still massively important for its area of law.  Indeed, Prof. Kerr noted Danforth‘s major legal importance for criminal law and procedure over at VC in November 2007.  This week’s cases, as far as I can tell, haven’t touched any public nerve, so I am taking this week off from the line.  I leave it up to the Klingensmiths to tell me otherwise.  Still, keep your eyes trained on F1@1F at the 10am hour should Wednesday see the release of Citizens United.
  • The “Mid-Majors”: Get in line by 6am.  Last week’s cases exemplify the “mid-major” cases: issues that attract the public’s attention without creating a frenzy.  Briscoe mattered not as much for its subject matter, but rather for Sotomayor’s centrality in the fate of a year-old precedent.  Comstock dealt with sex offenders (and, of course, the scope of the Necessary & Proper Clause of the Constitution), who are always interesting subject matter.  American Needle fought against the NFL, which sounds cool regardless of the more mind-numbing aspects of antitrust law that really animated the case.
  • The “Blockbusters”: Get in line before 4am…and that probably won’t be good enough.  I got in line for the rehearing of Citizens United, also Justice Sotomayor’s first oral argument, at 11pm, thinking that there would already be a line at least a dozen people long.  There wasn’t.  I was first.  The next batch of people didn’t show up until 3:45am.  That said, for the super-blockbusters, prepare to eat your previous night’s dinner on the First Street sidewalk: friends of mine got in line at 4:30pm on Heller‘s Eve…they were around 40th.  This term’s blockbusters–McDonald, Kiyemba, Christian Legal Society, Doe v. Reedwill likely draw its earliest linegoers at varying hours of which I am not yet qualified to predict.

Once again, thank you for coming by F1@1F.  Although I will not be reporting from line this week, I will endeavor to keep the content flowing!

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