Ruth Bader Ginsburg (1933-2020)

“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.” …

Supreme Court Rules Against Obamacare Contraception Mandate

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 …

“Debunking the First Amendment Myths Surrounding Revenge Porn Laws” – Forbes

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, …

Hate Speech, Snyder v. Westboro Baptist Church, and Public-Private Concerns

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 …