1. Sen. Larry Craig (R-ID) again found an unlikely friend in the ACLU, which filed its second amicus brief supporting Craig’s motion to withdraw his guilty plea for… what was the charge, again? Oh, yes: “Interference with Privacy” (see subsection (c)1) and disorderly conduct. The ACLU has called the privacy law “unconstitutionally overbroad.”
2. The Supreme Court has upheld New York’s patronage-laden system of selecting state Supreme Court justices, saying that while the method might not be ideal, it’s also not unconstitutional. (Note: Counterintuitively, in New York the Supreme Court is actually the lowest-level trial court.) The issue here was the First Amendment right of political association. Justice Scalia wrote: “A political party has a First Amendment right to limit its membership as it wishes.” On a somewhat related note, this ambitious piece from two years ago suggests New York has a similarly questionable selection process for town and village judges. And this profile delves into the challenges facing the state’s aggressive and reform-minded governor, whose Board of Elections hired none other than former solicitor general Ted Olson to represent it on the state Supreme Court issue.