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.
A modest proposal to make NSA searches of electronic communications subject to the Constitution but still effective at national security.
The biggest cause of confusion faced by Originalists—the folks who think the Constitution means what it originally did in the late 1700s—isn’t the one you’d probably guess at first. You’d probably guess it has to do with how we can know what 18th century Americans were thinking. And how can anyone know what Americans more than two and a quarter centuries ago thought “due process” was, or what a “reasonable search and seizure” was? We can hardly get consensus on […]