ANTONIN SCALIA REMEMBERED | If Trump Abuses Power, Look to the Courts
December 21, 2016
REMEMBER THE NAME
|The New York Times Magazine takes a look back at the giants, the artists and the legends we lost in 2016 and the lives they lived. JUSTICE ANTONIN SCALIA gets his tribute from Emily Bazelon who writes, “By seeking refuge in uncertainty, Scalia — paradoxical though it might sound — cast himself as a kind of apostate.”
NO ONE MAN SHOULD HAVE ALL THAT POWER
|David Savage with the Los Angeles Times reports that even if DONALD TRUMP abuses and overuses his powers as president, legal scholars “remain confident the courts will stand firm against serious abuses of power.” UCLA law professor Adam Winkler notes, “I am very concerned about the ability of our constitutional system to check Trump’s excesses. He has expressed unprecedented contempt for the rule of law, and one of the major checks on Trump — the Congress — may not play its constitutional role because of one-party rule.” However, Winkler tempers his concern and adds that the courts are “far more likely to maintain a commitment to the rule of law and curtail Trump’s abuses.”
THE GOOD, THE BAD, AND THE UGLY
|For Law.com, Tony Mauro and Marcia Coyle look back at the highlights and lowlights of the Supreme Court in 2016 — one of the most important years for SCOTUS in recent history. JUSTICE ANTONIN SCALIA passed away, JUSTICE CLARENCE THOMAS broke his decade-long silence, JUSTICE RUTH BADER GINSBURG put her foot in her mouth more than once, and Justice Thomas was accused once again of sexual harassment. Read the full list here.
GOING, GOING, GONE
|According to the latest study from the Death Penalty Information Center, 20 executions took place in the United States in 2016 — the lowest number since 1991. Thirty-one states have the death penalty, but only five states held executions this year.
GETTING TO KNOW YOU, GETTING TO KNOW ALL ABOUT YOU
|In Bloomberg BNA, Patrick Gregory profiles Utah Supreme Court Associate Chief Justice THOMAS REX LEE, who Gregory says “might be an ideal choice for the vacant spot on the U.S. Supreme Court for those wanting a justice like the late ANTONIN SCALIA.”
OTHER NEWS
California Supreme Court halts death penalty measure
The Associated PressThe ballot initiative approved by California to “repair” and speed up the death penalty in that state was put on hold by the state supreme court yesterday while it considers a lawsuit challenging the measure.
Key questions of Slants case at SCOTUS: Is trademark registration speech? If so, whose?
Reuters“These are fraught and unsettled times when it comes to racially and culturally offensive speech in America, so I suppose it’s no surprise that an awful lot of groups have strong feelings about Lee v. Tam, the U.S. Supreme Court case that will decide the First Amendment constitutionality of the federal law prohibiting the registration of disparaging trademarks.”
1980s voting-fraud case likely topic at Sessions' hearing
The Associated Press“A failed voting-fraud prosecution from more than 30 years ago could re-emerge as a contentious issue during Sen. Jeff Sessions’ confirmation hearing for attorney general. Sessions was dogged by his handling of the case as U.S. attorney during his 1986 confirmation hearing for a federal judgeship, when he tried to fend off complaints of a wrongful prosecution.”