“Dissents speak to a future age. It’s not simply to say, ‘My colleagues are wrong and I would do it this way.’ But the greatest dissents do become court opinions and gradually over time their views become the dominant view. So that’s the dissenter’s hope: that they are writing not for today but for tomorrow.” […]
Because of his position, disposition and bipartisan popularity, Judge Garland has been on Mr. Obama’s shortlist of potential nominees for years. In 2010, when Mr. Obama interviewed him for the slot that he instead gave to Justice Elena Kagan, Senator Orrin G. Hatch, Republican of Utah, said publicly that he had urged Mr. Obama to […]
Ask the nearest hippie. Antonin Gregory Scalia, Disgruntled Justice of the Supreme Court of the United States and most prominent thought leader of the “do you feel lucky, punk?” school of law.
Someone who used whatever talent she had to do her work to the very best of her ability. And to help repair tears in her society, to make things a little better through the use of whatever ability she has. To do something, as my colleague David Souter would say, outside myself. ‘Cause I’ve gotten […]
The week so far.
2014: The year courts in essence redefine how insurances (and society) work: Obamacare doesn’t force the owner’s of Hobby Lobby to give people the pill/IUD, but to cover their companies share of the cost of health care that includes coverage of personal medication that has nothing to do with abortion. Arguably, the court has affirmed […]
Danielle Citron, law professor at the University of Maryland Carey School of Law, breaks down common arguments against the scourge that is “revenge porn” (nude or sexually explicit pictures of mostly young women posted on the Internet without their consent) and debunks them, using U.S. constitutional jurisprudence: Some object to criminalizing invasions of sexual privacy […]
If this issue [surrounding Arizona’s SB 1062] sounds familiar, it should, because it’s the exact same issue behind two of the most high profile Supreme Court cases being hear this term — Sebelius v. Hobby Lobby Stores and Conestoga Wood Specialties v. Sebelius. In both of those cases, for-profit businesses object, on religious liberty grounds, […]
I recently read Rosalie Berger Levinson’s article “Targeted Hate Speech and the First Amendment: How the Supreme Court Should Have Decided ‘Snyder’” The following passage stuck with me the most (p. 53): The Fourth Circuit in Snyder acknowledged that private individuals, like Mr. Snyder, may be entitled to greater protection, but it held that the […]
Maybe Laura Ingraham only counts the original 13 colonies? Fox Contributor Attacks Sotomayor’s ‘Allegiance’ To The United States Because She Is Puerto Rican | ThinkProgress