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Blocking Garland Means Danger for Conservatives
An op-ed by Jack Goldsmith
. One unmistakable sign of the stellar reputation of Merrick Garland, President Obama’s Supreme Court nominee, is the praise he received from the President’s most conservative critics. Ed Whelan, an influential opponent of President Obama’s judicial nominees, expressed “very high regard” for Garland, whose “intellect and decency” he admires. His National Review colleague Andrew McCarthy, another sharp critic of the President’s judicial choices, thinks “very highly” of Garland and says “there is no doubting Garland’s intellect and integrity.” Both men, however, oppose Garland and urge the Senate not to consider the nomination. And Senate majority leader Mitch McConnell announced that Garland would not in fact receive a hearing.
The New York Times
Where Merrick Garland Stands: A Close Look at His Judicial Record
Judge Merrick B. Garland, President Obama’s Supreme Court nominee, has achieved a rare distinction in a polarized era. He has sat on a prominent appeals court for almost two decades, participated in thousands of cases, and yet earned praise from across the political spectrum...Laurence H. Tribe
, a law professor at Harvard, said Judge Garland’s dissenting opinion was “particularly admirable.” “That dissent is a fine example of an opinion that combines impeccable legal analysis with a deep sense of humanity,” he said.
The Wall Street Journal
Judge Garland’s Inconsistent Deference
Is Supreme Court nominee Merrick Garland a judicial progressive or a moderate? One way to judge is to look at his many opinions that defer to administrative agencies and that are a hallmark of his jurisprudence during his nearly 20 years on the D.C. Circuit Court of Appeals. In disputes over union power, his opinions nearly always benefit unions. According to the onlabor.org website, which is run by Harvard Law professors Benjamin Sachs
and Jack Goldsmith
, Judge Garland wrote the majority opinion in 22 cases that considered appeals of decisions made by the National Labor Relations Board. In 18 of these decisions, Judge Garland sided with the NLRB’s judgment against a company for unfair labor practices. In all of those cases, the blog notes, “deference to the NLRB has had favorable consequences for labor and unions.”
Merrick Garland’s Former Harvard Law Prof Laurence Tribe (audio)
, a Harvard Law School professor and former teacher of Merrick Garland, discusses Garland’s record and his nomination to the Supreme Court by President Obama. He spoke with June Grasso and Michael Best on Bloomberg Radio’s “Bloomberg Law.”
Campus Safe Spaces for Free Speech? Why Not!
An op-ed by Noah Feldman.
Tennessee State Representative Martin Daniel stirred up some outrage when he said this week that the First Amendment should give Islamic State the right to recruit on state campuses. He's wrong about the First Amendment, which doesn't prevent bans on coordinated recruitment. But the bill he was defending, which would create designated zones for free speech at state-funded Tennessee universities, isn't such a bad idea. The law governing free speech on campuses is much more restrictive than the law that applies on a street corner or in a park. We may be approaching a time where there would be a benefit to designating safe spaces for free speech, protected from the regulatory requirements of the Department of Education and the norms of campus life.
Jamaica needs to get its act together… quick!
An op-ed by Charles Nesson.
Jamaica has a remarkable opportunity to lead the world in cannabis reform, but to do so it will have to get its act together pretty damn quick. The Colorado model of wide, open recreational use of all forms of cannabis in any concentration is a loser. Governor Charlie Baker in my state of Massachusetts, after investigation in Colorado, has just come out against it because of the bad effect such unrestricted recreational use could have on kids. Jamaica has the opportunity to reframe the world’s understanding of cannabis by putting focus on spiritual use of the natural herb. Jamaica’s great success so far has been its recognition of Rastafari, and the legal celebrations of the Negril Cannabis Cup and Rebel Salute.
The Harvard Crimson
After Corporation Approval, Law School Seal Quickly Disappearing
The once-pervasive Harvard Law School seal, criticized for its ties to slavery, is quickly disappearing...Quickly is exactly how Law School Dean for Administration Francis X. McCrossan
—who is leading the effort to coordinate the seal’s removal—is approaching the process, he wrote in an email sent to school affiliates Friday. [Robb] London
estimates there are about 200 places on campus that display the seal, a figure that does not include its online manifestations and the printed materials and letterhead departments and administrators use...A new seal will be designed in time for the school’s bicentennial in 2017, which London called an opportunity for reflection. “There's a natural synergy between that kind of reflection and the process of designing a new symbol for the school,” he wrote.