Ruling on Disability, a legal perspective.
Many states across the US have historic liquor laws dating back centuries. Are they still relevant in 2016?
Racism can be a direct consequence of excluding race as a factor when you make judgments
Assisted euthanasia is a touchy subject for many and likely will be for the foreseeable future.
Unfortunately, the second in what appears to be an ongoing series…
Sometimes, it’s the little things that matter the most.
It remains for Canadians to decide what Canadians can afford, but it does somewhat beggar belief that the Canadian system of single-payer healthcare will sink or swim on this particular margin.
No Scalia? No problem! When all eight of the surviving SCOTUS Justices agree on the result, we’re sure to get a nice, clear, definite rule of law… right?
Google Car’s first at-fault accident.
Were a hypothetical President Hillary Clinton to nominate him to the Supreme Court, would Barack Obama’s service as President be reason to foresee that he’d become one of the great Justices on the Supreme Court? What about his lack of prior judicial experience or his lack of scholarly publications?
I noticed the SJW-ish tone too, but thought to myself: that’s not a bug, it’s a feature. To the extent that the left is often about playing the victim, it seems to me that Barnett and Rosenkranz are saying, “Two can play at this game.” The conservatives are taking the “talk of micro-aggressions and trauma,”…
A win for Black Lives Matter creates suspicion in China.
Justice Scalia, RIP. That he would ditch Stare Decisis would make the American System look more European. Yet, Scalia didn’t think “Americans should be governed the way that Europeans are.” That’s a conundrum.
Colorado will have state single-payer health insurance on the ballot this November. After reading through the initiative, my conclusion is that this is an experiment that no state can undertake…
Ken White fisks the President before Burt Likko could even get home from his day job to try.
Taking another stab at how we can deal with firearms in America.
Or, how the Federal Circuit made an ambitious Constitutional claim that may affect football fans nationwide.
One case to rule them all, One Court to mind them,
One rule to govern the States and in its holdings bind them,
In the Land of Washington where the Justices decide.
It is one thing to hate gay couples. It is quite another to risk a child’s well-being in the attempt to hurt them.
Submitted for your consideration, a candidate for the “unlikely sentence exemplar” award.
Guest Author T. Greer eulogizes the neglect of our literary heritage in contemporary rhetoric.
What, it takes three years of law school to do that?
The suckiest Labor Day weekend Kim Davis can remember will turn out to have been only fifteen minutes long in the cultural zeitgeist.
An indulgence in what would be an act of political courage and principle, if it were to actually take place, which we all know it will not.
Even when they’re really rich and really famous and really attractive, other peoples’ actual lives are typically insipid.
The Religious Freedom Restoration Act and the Religious Test Clause predictably collide with Obergefell v. Hodges in Eastern Kentucky.
Monogamous marriage is the right choice for Burt Likko, but mocking those who make a different choice strikes him as very much the wrong way for conservatives to go about their business.
A condemned man in Tennessee wants his lawyers to depose the people who would be his executioners.
I’ve never done this before — promoted my own comment, that is. But I think I got a pretty decent thought out there.
Was there ever really any doubt?
It’s about the journey more than the destination: a glimpse into one summer day in DTLA.
The Supreme Court adjourns for the Term with decisions about redistricting, air pollution, and executions. Burt Likko summarizes each of them, and offers a sad observation about judicial comity losing one of its most prominent sentinels,
The legal writing in Obergefell v. Hodges is both a model and a caution for future writers, especially those who, like lawyers, would write to persuade.
Obergefell was announced by SCOTUS this morning. 5-4 in favor of same-sex marriage rights. Fourteenth Amendment requires a state to both issues SSM licenses and to recognize licenses issued by other states. Opinion by Kennedy. Roberts, Scalia, Thomas, and Alito all dissent, mostly joining one anothers’ dissents. My office scheduled a 9:30 new client intake…
Chief Justice Roberts was nearly silent during oral argument, and then wrote the 6-3 majority opinion in today’s Obamacare case. Burt Likko replies to Justice Antonin Scalia’s accusations of through-the-looking-glass judicial activism.
Strong is the desire for vengeance. Pretends to be “justice,” vengeance does.
But down that path, no benefit will you find.