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A Switch In Time

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.

In My Opinion’s Wake

Burt Likko thinks that Citizens United and McCutcheon were correctly decided. But how can he square that conclusion with his recent Ordinary Court opinion?

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Sebelius v. Hobby Lobby Stores, Parts II and III: Dissenting and Concurring Opinion

Tim Kowal agrees the Greens have individual standing, but suggests the corporation is the appropriate party to assert their claims.

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Sebelius v. Hobby Lobby Stores, Part III: Justiciability of Individual Claims [Updated]

In Part III of the Ordinary Court’s treatment of the Hobby Lobby case, the Ordinary Justices’ voting pattern shifts, with dramatic results.

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Sebelius v. Hobby Lobby Stores, Part II: Justiciability of Corporate Claims

Part II of the opinion, dealing substantively with whether Hobby Lobby can state a claim for relief under the Religious Freedom Restoration Act.

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Sebelius v. Hobby Lobby Stores, Part I: Background and Standards of Law

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.

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Poor Partners

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.

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The Ethics and Incentives of Socialized Law

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.”

Legal, Restricted Abortion Is Here to Stay

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.…

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Dreaming of the Guild

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.

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Oyez, Oyez

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.

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Do the Unborn Dream of Jerry Springer? : How the creepiest, most sensational story of 2013 could be a game-changer for Pro-Life advocates

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.

Sandwiches, cont.

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…

Human life is not too controversial

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 […]

Big Wednesday 2013

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]

Big Monday 2013

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…

For The Cold Case Files

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]