A Great Case Out Of Sequence: Bad Valentines, Bank Robbers, And Taxes
Note: This post is part of our League Symposium on Guns In America. You can read the introductory post for the Symposium here. To see a list of all posts in the Symposium so...
Tagged: supreme court
Jurisprudence Blogging 1: Austin
This is the first in a series of posts about general jurisprudence. In this post, I will cover Austin’s view. I will give a simple overview on what his views are, what is good...
If. And If.
“If Kagan is gay, but is being closeted about it, then I don’t trust her on gay issues… About the only people who seemed convinced that being gay is a major insult or slander...
Kagan and the Conservatives
I haven’t had enough time to dig into soon-to-be-Justice Kagan’s record in nearly the depth that I would like, and I’m not expecting to have all that much time to provide a fitting analysis. ...
Free Speech and Killing Kittens
Here’s a provocative post from Stanley Fish: To anyone who has been following First Amendment jurisprudence in the past 40 or 50 years, the recent Supreme Court decision (United States v. Stevens, April 20)...
Bigotry Comes Out of the Closet
In some ways, I was happy to read this little piece of anti-gay bigotry on the American Family Association’s website regarding a hypothetical appointment of an openly gay Supreme Court justice. At least it’s...
The Alito Brouhaha
I’m fairly annoyed by the brouhaha that has erupted over President Obama’s deeply inaccurate attack on the Citizens United decision. One of the weird aspects of my annoyance, though, is that I find myself...
The Boss Tweed-ization of national politics
“Reformers should be focusing on lifting limits on the flow of money from parties to candidates and restoring the role of the parties as the funders of campaigns. Instead of Candidate Smith asking Donor...
No Fear of Citizens
Yesterday, the Supreme Court struck down its own precedent in order to overturn campaign finance laws prohibiting corporations and unions from making “independent expenditures” relating to political campaigns within the weeks leading up to...
That Horse? It Left the Stable Long Ago. We Called Him Seabiscuit
David Rivkin and Lee Casey take to the pages of the Wall Street Journal to claim that any individual insurance mandate would “likely” fail to pass Constitutional muster under even a modern understanding of...
Correctly Political: Wealth Care, a Historical Note
~by jfxgillis Okay. So here’s the thing about the health care industry in the USA, especially the insurance sector. It stinks. Everyone knows it. Everyone feels it. We pay more for what we get, and we...
How I would have written Scalia’s dissent
Troy Davis, originally convicted of murdering an off-duty cop under questionable circumstances, will now have his case reviewed by order of the Supreme Court. Justice Scalia dissented, however, and his opinion isn’t exactly a...
The Honor of the Mascot, Or A Team By Any Other Name
By Jay Adler A lot of sports fans sighed the usual big one recently when the U.S. Court of Appeals in Washington, on a technicality, upheld a lower court decision in favor of the...
Judging is Hard
A fairly banal observation, I know, but one worth revisiting in light of the the latest Supreme Court appointment. Here’s a telling paragraph from Jeffrey Toobin’s excellent profile of Chief Justice John Roberts: Roberts’s...
Larison on Sotomayor
Daniel Larison has put together some excellent thoughts on the current leading objections to Sonia Sotomayor’s nomination to the SCOTUS. I have my differences with Larison’s preferred jurisprudence, but he does a far better...
a judicious quote
“I’ve only seen the headlines, but I expect all the clowns put on their clown suits this morning and are presently climbing out of their clown car at the studio. I’m thinking liberal, activist,...
Whaddaya Mean, “Activist”?
I wanted to give a lawyer’s perspective to the discussion of judicial activism the decision has spawned between William, John, and E.D., arising in part due to Mr. Sullum and Mr. Whelan. To be sure,...
