Things to Read This Week (9/8)
Saving the Fed (again), saving Section 2 of the VRA?
Michael McConnell is in the Washington Post proposing that Congress preserve the independence of the Federal Reserve by splitting the agency. See this previous post for my discussion of whether the Court could kludge a similar result on its own.
Andy Smarick on the The Souterian and Rehnqustian Views of Legal Talent — i.e., preferences for different universities in law clerk hiring. Obviously I believe the best strategy has not yet been tried, namely hiring only University of Chicago graduates.
From Mahmoud v. Taylor to Strasbourg: The Substantial-Interference Test in Public Education, by Jorge Barrera-Rojas. A harmonization of the constitutional standard in Mahmoud (discussed on the podcast at length) with an analogous problem under the European Convention. Beyond my expertise, but very interesting!
Several interesting things in the topside amicus briefs on reargument in Louisiana v. Callais (the case about the constitutionality of Section 2 of the Voting Rights Act), including this one from Nick Stephanopoulos, this one from Travis Crum (with Dan Epps on the brief as counsel), and this one from Kerrel Murray, drawing from forthcoming article I had not known about, False Conflict: Colorblindness and Section Two of the Voting Rights Act.
The latest in the removal debates — Disagreement and Historical Argument or How Not To Think About Removal, by Katz, Rosenblum, and Manners.
Frank Easterbrook is the one federal judge who has tried Will's suggested approach to clerk hiring. Look what it's done for his performance and reputation!
The link on "The Souterian and Rehnqustian Views of Legal Talent" is incorrect, it goes to your federal reserve piece.