This summer, SCOTUS is expected to take yet another step in declaring that false statements are protected by the first amendment — provided they’re uttered for political reasons.
Nearly every social conservative who called for the impeachment of Justice Anthony Kennedy after his opinion in Lawrence v. Texas owes the man an apology. Burt Likko explains why in a longish analysis of Monday’s decision in Town of Greece v. Galloway.
Just the facts, Ma’am.
Burt Likko thinks that Citizens United and McCutcheon were correctly decided. But how can he square that conclusion with his recent Ordinary Court opinion?
The Ordinary Court’s majority moves on to the final issue left in the case, and issues its ruling.
Tim Kowal agrees the Greens have individual standing, but suggests the corporation is the appropriate party to assert their claims.
In Part III of the Ordinary Court’s treatment of the Hobby Lobby case, the Ordinary Justices’ voting pattern shifts, with dramatic results.
Part II of the opinion, dealing substantively with whether Hobby Lobby can state a claim for relief under the Religious Freedom Restoration Act.
The first part of the Ordinary Court’s treatment of one of this year’s most-publicized legal cases. To begin, we must understand the factual and legal landscape.
Introducing a new project by some of the lawyers and scholars writing for Ordinary Times: The Ordinary Court.
Of all the people to deny a press pass to, him?
Since Justice Kennedy openly invited challenges to state bans on same-sex marriage in last year’s Windsor case, there has been a string of federal district court rulings, unanimously in favor of SSM. Today the first appellate court hearing to review one of these cases will be heard in the 10th Circuit, reviewing the Utah District…
Sometimes the law is a cruel mistress.
A potentially mighty case dies not with a shout, but with a one-sentence memorandum, full of legal formality, signifying nothing.
A squib of a post about this morning’s Supreme Court decision in McCutcheon v. FEC. Very brief: aggregate campaign donation limits unconstitutional.
It’s Linky Friday and now you have a way to malinger productivity while reading random links embedded in wry comments that are only funny after you read the articles!
In classical art, you almost never see Athena and Aphrodite depicted together. There’s a reason for that, and it’s not the same reason you never see Clark Kent and Superman in the same room.
Noam Scheiber makes a radical suggestion. Eric Posner has lots of reasons why it’ll never work. Burt Likko says, “There’s a few things neither of you bright fellows have thought of.”
Renting a high-quality video camera setup and hiring a guy to operate it must be substantially more expensive than I would have first assumed.
The Melise Muñoz case is not as simple as it appears, and it is not only religious nuts who might understand the hospital’s position. Here, a explanation of why the case is more complicated than some think.
Today, on the 41st anniversary of Roe v. Wade, President Obama reaffirmed his commitment to “the decision’s guiding principle: that every woman should be able to make her own choices about her body and her health.” Also today, thousands of pro-life advocates gathered in snowy Washington D.C. to participate in the annual March for Life.…
Now, before you get all in a huff about the California Supreme Court admitting an undocumented alien to practice law, at least read Burt Likko’s digest of the ruling.
Step right up for some fearless prognostication!
Congratulations to Utah and New Mexico.
A Federal Court found yesterday that the NSA does, in fact, routinely violate your Constitutional rights. The reason why is very likely within your arm’s reach right now.
I practiced law in this state for two years. Never saw a motion quite like this.
In which Burt Likko envies Canada for its annual commemoration of courts expanding individual rights.
It’s the first Monday in October. Burt Likko offers a preview of the high points of the Supreme Court’s docket, and some other interesting notes.
A sensational, bizarre, made-for-tabloids crime forces Tod Kelly to reconsider his own position on abortion – and wonder if it might force others to do the same.
In preparing for my recent instructional guide on sandwich making, I asked the MD crowd whether a hot dog qualified. Responses were mixed. Included in the conversation were whether burritos ought be classified as such. It turns out their is legal precedent for just such a question: “A sandwich is not commonly understood to include…
The rhetorical case for protecting the unborn has succeeded. The debate is over. It would be, that is, had the Supreme Court not issued – in Justice Ruth Bader Ginsburg’s own words – a “difficult to justify,” “heavy-handed judicial intervention” in Roe v. Wade 40 years ago. Today, nearly two-thirds of Americans support making abortion generally illegal after the first three months of pregnancy. A staggering four-fifths support bans in the last three months. So if the pro-choice movement is […]
Many times in the past when I’ve written of the Declaration of Independence, I’ve emphasized that it is not law. The Constitution is law, but not the Declaration, which is a political document. This causes a lot of anxiety in people looking to cite the Declaration as though it were some kind of a trump…
Despite having lived in New York City for several years by that point, I had never attended the Pride parade. The reasons why I hadn’t in any given year escape me now, along with all the other irrelevant details of my life. But that year I decided to go because the Supreme Court had just…
I thought this would only have been a one-day thing. But we’re here on the third day in a row of huge decisions from the Supreme Court. At last, we have rulings on the same-sex marriage cases. [Discussion at NaPP]
Today is the last scheduled day for decisions and opinions scheduled by the Supreme Court. In the comments to this post, I’ll be glossing the Voting Rights Act, affirmative action, and same-sex marriage cases.* And, of course, setting up a forum for your comments on them too. [See you at NaPP!] UPDATE: Here’s my first…
Does the Fourth Amendment allow law enforcement to gather an arrestee’s genetic sequence and compare it with a large FBI database of genetic material gathered from old, unsolved crimes? [Continued at NaPP]