Ten Second News

Featured
The Losing Game - Why Majority Rule Needs Constraint

The Losing Game – Why Majority Rule Needs Constraint

Each side is predictable in one respect – they overreach. They over estimate what it’s possible to accomplish, they listen to voices that tell them the one battle means the war is over. They believe those that see the world differently are won over or have given up or are dying out. There is an inevitable backlash. A reversal is the one thing you can count on. The Democrats will be back in power in the congress and in the executive branch. Liberal justices will be appointed to the bench. If that makes you nervous take heart, once in power they will promptly overreach and the cycle will repeat like clockwork.

Big Monday, 2015

Big Monday, 2015

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,

Marriage!

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…

Featured
Delivering Due Deference

Delivering Due Deference

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.

Featured
When Text And Context Collide

When Text And Context Collide

Wednesday, the Supreme Court will entertain the latest challenge to Obamacare. If you can make it all the way through this post, you’re going to understand what’s going on way better than your neighbors. Added bonus: a significant detour through the jurisprudence of piscene spoliation, which you’ve no doubt all been anxiously awaiting.

Featured

First Monday 2014

Same cast, brand new season! Burt Likko offers a look at some of the high points of the Supreme Court’s docket for the 2014-2015 Term.

Featured

2013-2014 Term Recap (Save Two)

It’s the close of the term, and here’s a recap of the major cases from SCOTUS this year. Some surprising results. Some, not so much. Alsotoo: we’re waiting until Monday for the Hobby Lobby and Harris decisions.

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]