Barry, we’re preparing to file an amicus brief in a matter of weeks in a case that I know you are closely watching at the Supreme Court.  The high court agreed in February to take the case of Salazar v. Buono, which involves a challenge to a memorial cross displayed in the Mojave National Preserve in…

Barry, don’t worry about it.  I really don’t think we’re going to see what you label as ‘excessive outreach’ to the Right by President Obama regarding his pick to replace retiring Supreme Court Justice David Souter. Sure, the President is doing what is politically correct – touching base with members of the Senate – those…

I have been amused over the weekend by the “sky is falling” rhetoric of the Right about the impending retirement of David Souter from the Supreme Court. Curiously, Jay, many of your colleagues concede that they don’t like Souter’s record, but all note, as you do, that somebody worse is about to take his seat. …

Barry, the big news, of course, is the reported retirement of Supreme Court Justice David Souter.  The news comes just 102 days into the Obama Administration and sets the stage for President Obama to move to put his liberal stamp on the federal judiciary in a big way.  More about that in a moment, but wanted…

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