Newt Gingrich isn’t the only GOP presidential candidate with plans to revamp the judiciary.

Former Sen. Rick Santorum talked about his plans for federal courts last week. Among his ideas: abolishing some federal courts and taking other measures to rein in the judiciary.

“The third branch of government is in fact too powerful in the structure of government today with respect to checks and balances,” Santorum told a New Hampshire crowd, according to the National Journal. “They have become a super legislature. They have become in effect most powerful of the three [branches of government], and they should be the least.”

Although Santorum said his ideas fall to the right of that of most Republicans – he would, among other things, do away with the 9th Circuit entirely – he said he believed Gingrich’s plan to subpoena and arrest judges and bring them before Congress to explain rulings adverse to the White House  goes a “step too far.”

If the goal of presidential candidate and former House Speaker Newt Gingrich was to get people talking about ideas on the federal judiciary, he succeeded! Gingrich’s plan, which would include ignoring the Supreme Court and having judges subpoenaed, arrested and hauled before Congress, has drawn much ire. Gingrich’s latest critic – fellow Republican Sen. Scott Brown, who called Gingrich’s comments “disturbing.”

“If a president and majorities in Congress could simply overturn the constitutional interpretations of the Court, and if judges could be arrested for displeasing politicians in the other two branches, we would be placing our basic rights in jeopardy,” Brown wrote in a recent Boston Globe op-ed. The rule of law would be destroyed.

Brown warned that voters may not be soon keen on Gingrich’s ideas either.

“An independent judiciary is a cornerstone of our democracy,” Brown wrote. “That Gingrich would make the courts tremble at the thought of retaliation from the president or whatever political party has the majority at the time is a very dangerous notion that threatens the founding principles of our government. If the former speaker doesn’t publicly disavow these views, the voters in New Hampshire and elsewhere will disavow his views on this issue.”

Retired Justice Sandra Day O’Connor, who has been a vocal opponent of judicial elections, is touting a new reason why she believes judges should be appointed, not elected. It’s good for business, she said.

As some states ponder scrapping judicial elections for a merit-based appointment system, O’Connor said she recently talked to Iowa business officials, who said the merit-based system was working well there.

“Both the unions and the business sector were together on the value and health of the merit system” for judicial appointments in Iowa, O’Connor told The Las Vegas Sun. “They were absolutely sold, and you don’t see that often. They were that way in Arizona, and I anticipate they are that way here.”

In a merit-based system, the governor would choose judges from a list of finalists recommended by a judicial selection committee. Once seated, voters decide whether judges keep their seats.

Such a system would keep the influence of campaign cash out of the judicial selection process, proponents say.

“Businesses believe, as I do, that when you go to court to have an issue resolved, that it be resolved by the people who are qualified, fair and independent,” O’Connor said. “You don’t want them there because money that has been spent on them. You can understand why the business community would feel that way. You don’t want to run the risk of having somebody who is committed to some point of view by virtue of some campaign contribution.”

Last year, Senate Republicans took their time in revealing how they intended to vote on then-Supreme Court nominee Sonia Sotomayor.

But this year, GOP senators are coming out early with vocal opposition to the nomination of Elena Kagan to the nation’s top court. And the difference is less about the nominees and more about the calendar: it’s election time.

GOP lawmakers are making their case against Kagan in order to drum up campaign support and cash at a time when the president is suffering from low popularity numbers, according to this piece by the Associated Press’s Julie Hirschfeld Davis.

“What you’re seeing is where there are senators and candidates who are closest to the people – those senators and candidates who are in election races or up for election – they’re the ones that are coming out most strongly against Kagan,” said Gary Marx of the conservative Judicial Crisis Network, a group urging Republicans and Democrats from states with contested elections to oppose the candidate.

Kagan’s chances of confirmation are all but certain, but Senate Judiciary Committee Republicans yesterday delayed the vote on the candidate for one week, as committee rules allow.

Today the U.S. Supreme Court ruled that a man convicted of first degree murder failed to establish a habeas claim of ineffective assistance of counsel based on his attorney’s advice to abandon an insanity plea. The opinion in Knowles v. Mirzayance can be found here on the Court’s website.

Also today the Court heard oral arguments in a case testing whether a Hillary Clinton documentary – a created to air during her presidential primary bid last year – was subject to McCain-Feingold campaign finance disclosure rules in the case Citizens United v. FEC. More on that case here.

President Barack Obama unveiled his budget proposal this week, sending folks in the capital in numbers-crunching mode as they scrutinize the plan in search of the administration’s priorities. On Capitol Hill, a bill that would give bankruptcy judges the power to change the terms of mortgages in foreclosure proceedings hit a snag when Democratic lawmakers couldn’t quite hammer out all the details yesterday. Across the street, the Supreme Court justices conference today, and may serve up some fresh new grants of certiorari before the day is over.

Meanwhile,

‘Loaded’ voting bill passes: The Senate approved a bill to give the District of Columbia a seat in the House of Representatives. But the bill included an amendment that D.C. officials may not like too much: it repeals the District’s post-Heller gun restriction laws. (DCist, WaPo)

Separation of powers: Justice John Paul Stevens doesn’t think Supreme Court justices should take their oaths in the White House. The practice, which has become popular with the most recent new justices, creates “incorrect symbolism” for the independent judicial branch, Stevens said. (AP)

State secrets in foreclosure crisis: The housing foreclosure crisis that has put millions of Americans out of their homes is being worsened by old, antiquated state laws that give homeowners far fewer legal protections than renters or credit card customers, according a new report from the National Consumer Law Center. (Lawyers USA)

Stimulating conversation: The recently enacted American Recovery and Reinvestment Act of 2009 contains several new tax credits and changes for both business and individual taxpayers. Most of the credits, however, are subject to income phase-outs. (Lawyers USA)

Short-term gains: Federal judges could get a pay post this year. Next year, not so much. (Legal Times)

With 2008 almost in the history books, it’s a good time to take a look back at the most popular posts of the year here at DC Dicta. Looking back, the hottest items on the blog revolved around presidential campaign moments, Supreme Court shenanigans, celebrity testimony on the Hill, and the beleaguered Justice Department. Let’s count them down:

10. Mukasey: ‘Not every violation of the law is a crime’

Comments made by Attorney General Michael Mukasey in August – particularly the quote: “Not every wrong, or even every violation of the law, is a crime” – circulated around the blogosphere and ultimately became a catchphrase to represent the problems plaguing the Justice Department in recent years.

9. The Funniest Justice: Antonin Scalia

No one leaves ‘em laughing in the courtroom like Justice Antonin Scalia, who handily won the title of Funniest Justice for the October 2007 term.

8. Kennedy winks in EEOC’s direction?

After January oral arguments in Kentucky Retirement Systems v. EEOC, this post noted that Justice Anthony “Swing Vote” Kennedy seemed to indicate pretty clearly that he believed the retirement benefits system in question discriminated on the basis of age – just as the EEOC contended. Although he did go on to find the program discriminatory, he was in the Court’s minority, writing the dissent in a case that did not at all adhere to the Court’s usual conservative vs. liberal breakdown. (Scalia and Ginsburg joined Kennedy’s dissent – when does that every happen?)

7. Actor to lawmakers: Let patients bring pharma suits

Mr. (Dennis) Quaid went to Washington. The actor, whose newborn twin daughters were accidentally given a nearly-lethal dose of the drug herapin, told lawmakers in May that without the right to sue pharmaceutical companies, consumers will become “uninformed and uncompensated lab rats.”

6. U.S. News law school rankings leaked!

When the folks at Above The Law put up a document showing the 2009 U.S. News & World Report law school rankings a few days before they were published in March, we sent you there.

5. McCain’s switch on Souter; Obama: Thomas isn’t too bright

Ah, remember that video of then presidential candidate Barack Obama basically saying Justice Clarence Thomas wasn’t the sharpest knife in the drawer? Of course you do! Many of you watched it right here in August.

4. Biden calls Court a Supreme campaign issue

During the campaign season, now Vice President-elect Joe Biden was one of the most frequently searched subjects leading to DC Dicta. When he talked about the importance of the election in terms of potential Supreme Court nominees in August, the related post was one of the most popular blog items for weeks afterwards.

3. Cover blown off Chief Justice’s school visit

Who knew Chief Justice John G. Roberts, Jr. was so popular? Well, he obviously does – since he tried to clandestinely visit a local high school in March for a talk with students. But somehow word got out, newspaper reporters were there waiting for him, and DC Dicta readers wanted to know all about it.

2. 400 requests for reduced crack sentences in two days

When new reduced federal sentencing guidelines for crack cocaine offenses, approved last year by the U.S. Sentencing Commission, went into effect retroactively in March, one day later more than 400 court orders from around the country slashing prison terms had been processed by the Federal Bureau of Prisons.

And the most hit blog post of the year (drumroll, please!):

1. High court denies Enron investors’ petition

This Jan. 22 post noted that the Supreme Court, on the heels of its decision in Stoneridge Investment Partners v. Scientific-Atlanta Inc., denied a petition by Enron investors seeking to pursue similar claims against bankers from firms including Merrill Lynch and Credit Suisse Group. The move ended the investors’ actions claiming the bank companies colluded with Enron officials’ fraud.

With 2008 almost in the history books, it’s a good time to take a look back at the most popular posts of the year here at DC Dicta. Looking back, the hottest items on the blog revolved around presidential campaign moments, Supreme Court shenanigans, celebrity testimony on the Hill, and the beleaguered Justice Department. Let’s count them down:

10. Mukasey: ‘Not every violation of the law is a crime’

Comments made by Attorney General Michael Mukasey in August – particularly the quote: “Not every wrong, or even every violation of the law, is a crime” – circulated around the blogosphere and ultimately became a catchphrase to represent the problems plaguing the Justice Department in recent years.

9. The Funniest Justice: Antonin Scalia

No one leaves ‘em laughing in the courtroom like Justice Antonin Scalia, who handily won the title of Funniest Justice for the October 2007 term.

8. Kennedy winks in EEOC’s direction?

After January oral arguments in Kentucky Retirement Systems v. EEOC, this post noted that Justice Anthony “Swing Vote” Kennedy seemed to indicate pretty clearly that he believed the retirement benefits system in question discriminated on the basis of age – just as the EEOC contended. Although he did go on to find the program discriminatory, he was in the Court’s minority, writing the dissent in a case that did not at all adhere to the Court’s usual conservative vs. liberal breakdown. (Scalia and Ginsburg joined Kennedy’s dissent – when does that every happen?)

7. Actor to lawmakers: Let patients bring pharma suits

Mr. (Dennis) Quaid went to Washington. The actor, whose newborn twin daughters were accidentally given a nearly-lethal dose of the drug herapin, told lawmakers in May that without the right to sue pharmaceutical companies, consumers will become “uninformed and uncompensated lab rats.”

6. U.S. News law school rankings leaked!

When the folks at Above The Law put up a document showing the 2009 U.S. News & World Report law school rankings a few days before they were published in March, we sent you there.

5. McCain’s switch on Souter; Obama: Thomas isn’t too bright

Ah, remember that video of then presidential candidate Barack Obama basically saying Justice Clarence Thomas wasn’t the sharpest knife in the drawer? Of course you do! Many of you watched it right here in August.

4. Biden calls Court a Supreme campaign issue

During the campaign season, now Vice President-elect Joe Biden was one of the most frequently searched subjects leading to DC Dicta. When he talked about the importance of the election in terms of potential Supreme Court nominees in August, the related post was one of the most popular blog items for weeks afterwards.

3. Cover blown off Chief Justice’s school visit

Who knew Chief Justice John G. Roberts, Jr. was so popular? Well, he obviously does – since he tried to clandestinely visit a local high school in March for a talk with students. But somehow word got out, newspaper reporters were there waiting for him, and DC Dicta readers wanted to know all about it.

2. 400 requests for reduced crack sentences in two days

When new reduced federal sentencing guidelines for crack cocaine offenses, approved last year by the U.S. Sentencing Commission, went into effect retroactively in March, one day later more than 400 court orders from around the country slashing prison terms had been processed by the Federal Bureau of Prisons.

And the most hit blog post of the year (drumroll, please!):

1. High court denies Enron investors’ petition

This Jan. 22 post noted that the Supreme Court, on the heels of its decision in Stoneridge Investment Partners v. Scientific-Atlanta Inc., denied a petition by Enron investors seeking to pursue similar claims against bankers from firms including Merrill Lynch and Credit Suisse Group. The move ended the investors’ actions claiming the bank companies colluded with Enron officials’ fraud.

The Supreme Court added a number of new cases to its docket Friday – including a case considering whether a West Virginia appellate judge should be able to rule in a case involving his largest campaign contributor, and whether a former Enron official acquitted of some criminal charges may be retried on the counts his jury hung on.

Today the 110^th Congress also begins its last session of the term, and the biggest item remaining on lawmakers’ agenda is a potential financial rescue package for U.S. automakers, which is currently stalled on the onramp.

Meanwhile,

President-elect Barack Obama has selected Gregory Craig to be the top lawyer in the White House. Craig, best known for representing former President Bill Clinton in his impeachment proceedings, will be Obama’s White House counsel, according to the Washington Post. Criag also represented John Hinckley Jr. the Ronald Reagan attempted assassination case, and William Kennedy Smith in his high profile rape trial.

In the case of Craig and a number of Obama transition team legal eagles, there are a lot of familiar faces from the Clinton era. More from Legal Times.

Alcoholic energy drinks such as Sparks are igniting lawsuits by litigants claiming the beverages can mask the effects of alcohol and encourage excessive drinking. More here from Lawyers USA.

Evidence uncovered in connection with former CBS newsman Dan Rather seems to support his claim that GOP operatives had influence over the networks news coverage. More here from the New York Times.

The election of Democrat Barack Obama has Supreme Court watchers all but planning retirement parties for Supreme Court Justices John Paul Stevens (who is 88), Ruth Bader Ginsburg (a 75-year-old cancer survivor), and David Souter (69, but often rumored to be miserable and longing to return to his New Hampshire home).

But wait just one minute, says ABC News Supreme Court correspondent and author Jan Crawford Greenburg. On her blog, Greenburg writes that none of the three justices show any sign of wanting to step down.

“[J]ustices can surprise,” Greenburg writes. “Liberals don’t always retire during Democratic administrations. Sometimes, they step down in Republican ones, and vice versa for their conservative colleagues.” Prime example: Justice Thurgood Marshall rode out the entire Carter administration, and retired when President George H.W. Bush was in the White House.

As DC Dicta has noted, Stevens remains as sharp and spry as ever, never hesitating to make his voice heard during oral arguments or with his pen in lengthy statements and dissents.

And Ginsburg is no frail flower. As Greenburg and Legal Times’ Tony Mauro have noted, Ginsburg has told friends that she hopes to stay on the bench until she’s at least Stevens’ age.

Souter isn’t showing any signs of fatigue, either. He was particularly vocal during yesterday’s oral arguments in Melendez-Diaz v. Mass. and Chambers v. U.S. He’s is said to enjoy his job – if not Washington’s atmosphere – and he’s younger than conservative Justice Antonin Scalia and noted swing voter Justice Anthony Kennedy.