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  • Don't Give Trial Lawyers This Booster Shot

    10/27/2010 10:23:06 PM PDT · by neverdem · 9 replies
    The American ^ | October 15, 2010 | John E. Calfee
    Anyone who thinks the vaccine case now before the Supreme Court is merely a matter of giving injured plaintiffs their day in court has misconceived the stakes for those who reap the benefits of vaccines. The U.S. Supreme Court has just heard oral arguments in the case of Bruesewitz v. Wyeth, in which the parents of a severely disabled child wish to sue the manufacturer of a childhood vaccine for causing their child’s disability. At this stage, the dispute is over a purely legal issue: the scope of federal preemption. The 1986 National Childhood Vaccine Injury Act largely removed childhood...
  • Justice Elena Kagan's first vote is against an execution

    10/28/2010 5:41:14 AM PDT · by jda · 34 replies
    Los Angela Times ^ | 27 October 2010 | David G. Savage
    Justice Elena Kagan cast her first recorded vote on the Supreme Court late Tuesday, joining the liberals in dissent when the high court cleared the way for the execution of an Arizona murderer. The 5-4 ruling overturned orders by a federal judge in Phoenix and the U.S. 9th Circuit Court of Appeals in San Francisco that had stopped the execution by lethal injection of Jeffrey Landrigan. A judge had put the execution on hold because she said she was "left to speculate" whether this drug was safe for its intended use. "There is no evidence in the record to suggest...
  • Top liberal law prof advised Obama not to pick ‘bully’ Sonia Sotomayor [calls her Aff Action hire]

    10/28/2010 12:37:22 PM PDT · by RatherBiased.com · 33 replies
    Washington Examiner ^ | Matthew Sheffield
    One wonders how Ed Whelan of the Ethics and Public Policy Center managed to get a hold of a private letter sent to President Obama by Harvard law professor Laurence Tribe advising him against nominating Sonia Sotomayor to the Supreme Court, but be that as it may, its contents are quite interesting and show just how nakedly political Tribe’s view of a justice really is and also how little he thinks of Sotomayor. In the May 2009 letter (PDF link here), Tribe advises Obama to refrain from choosing Sotomayor because “she’s not nearly as smart as she seems to think...
  • Tribe to Obama: Sotomayor Is “Not Nearly As Smart As She Seems To Think She Is”

    10/28/2010 10:34:51 AM PDT · by Nachum · 36 replies
    National Review Online ^ | 10/28/10 | Ed Whelan
    I’ve obtained a copy of an interesting letter that Harvard law professor Larry Tribe wrote to his protégé, President Barack Obama, in the immediate aftermath of Justice Souter’s announcement of his decision to retire from the Court. I will post a PDF of the letter shortly. [Update: Here’s the letter.] In the meantime, I’ll call attention, in this post and two or three others, to some of its highlights. The express purpose of Tribe’s letter is to urge that Obama nominate Elena Kagan to the Souter vacancy. But before making his affirmative case for Kagan, Tribe argues strongly against the...