Monday, August 15, 2011
Back to work
Posted by David Oscar Markus
Thanks to Rick for his excellent blogging, as usual.
A few items to start the week:
1. Enjoy the last week before school starts on the 22nd. Then back to parking-lot traffic. Ugh. (btw, shouldn't school start after Labor Day?)
2. In case you didn't see it, the Eleventh Circuit held 2-1 that President Obama's healthcare legislation was unconstitutional. Judges Dubina and Hull wrote a "joint opinion" and Judge Marcus dissented. Let's see what the Supremes do.
3. Florida state judges are saying (via Miami Herald) that they aren't bound by a federal judge's decision that the Florida drug statute is unconstitutional. I'm hearing that the same thing is occurring with Judge Martinez's order on the Florida death penalty -- state judges are saying that they aren't bound by the decision. But aren't they under the Supremacy Clause? Isn't this what federal habaes is all about? If state judges can just respond -- well, that's nice, but we'll decide what our state law says -- then why have habeas at all?
at 6:07 AM