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More on “Elites” and the Supreme Court

In a previous post, I expressed a worry about a “consensus” that seems to be emerging that the next Supreme Court nominee should not come from an Ivy-League school. I noted:
What troubles me is that this would-be consensus seems to be part of a general tend in American politics to reject anything that has the appearance of being elite. And …

An “Elitist” Ivy-League Justice?

There is a very strange consensus developing relating to the next Supreme Court Justice nominee. As Andrew Romano reports over at the Newsweek blog:
Finally, Democrats and Republicans agree on something. Too bad it’s not something worth agreeing on.
In Washington, D.C., a bipartisan consensus seems to be forming around the idea that President Obama should choose a judge without an …

President Obama to meet with Senators to discuss Justice Steven’s retirement

The Blog of LegalTimes reports:
President Barack Obama is scheduled to meet with senators next week to discuss the Supreme Court vacancy created by Justice John Paul Stevens’ planned retirement.The White House said today that Obama has invited four senators to meet with him the morning of Wednesday, April 21: Majority Leader Harry Reid (D-Nev.), Minority Leader Mitch McConnell (R-Ky.), and …

Justice Stevens on the Court and his future

Check out Adam Liptak’s article in today’s New York Times on a recent interview with Justice John Paul Stevens. Liptak writes:
“There are still pros and cons to be considered,” Justice John Paul Stevens said in his Supreme Court chambers on Friday afternoon, reflecting on his reluctance to leave a job he loves after almost 35 years. But his calculus seemed …

Justice Stevens and targeted killings

A  previous post contained State Department Legal Adviser Harold Koh’s Address before the American Society of International Law last week. As the post demonstrated, one of the areas that Koh discussed was the legality of targeted killings. Koh noted:
In U.S. operations against al Qaeda and its associated forces– including lethal operations conducted with the use of unmanned aerial vehicles– great …

The Obama Administration and International Law, Address by State Depatment Legal Adviser Harold Koh, March 25, 2010, Video and Text

Yesterday, Department of State Legal Adviser Harold Koh delivered an address at the Annual Meeting of the American Society of International Law on the Obama Administration and International Law. The video clip above is from Koh’s discussion of targeted killings, including the use of unmanned aerial vehicles.
From the Department of State website, here is the complete text of Koh’s address …

Breaking News: Supreme Court sends Uighurs’ case back to the D.C. Circuit Court of Appeals

SCOTUSblog reports:

The Supreme Court on Monday ordered the D.C. Circuit Court to take a new look at the case testing federal judges’ powers to order Guantanamo Bay detainees released from custody — a case the Justices had granted and were to hear later this month.  In a brief order, without noted dissent, the Court said the Circuit Court was to …

Transcript of Oral Argument in Holder v. Humanitarian Law Project

A previous post noted that oral argument was to be held last Tuesday in Holder v. Humanitarian Law Project. The transcript from the oral argument  can be found here.
In case you missed it, the New York Times described the oral argument as follows:
The Supreme Court struggled Tuesday to balance the constitutional rights of humanitarian aid groups with the government’s efforts …


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Anthony Clark Arend is Professor of Government and Foreign Service at Georgetown University and the Director of the Master of Science in Foreign Service in the Walsh School of Foreign Service.

Commentary and analysis at the intersection of international law and politics.