Relevant and even prescient commentary on news, politics and the economy.

Finally … a growing public awareness and concern about the ‘attitudinal model’ of Supreme Court votes. [Expanded repost]

Correction appended below. —- Scott Lemieux weighs in at The Week, writing that, although “Supreme Court voting is too complex to be explained by any single factor,” the “attitudinal model” – which posits that “Supreme Court votes are explained by what judges consider desirable policy” – “still contains a good deal of truth.” — Amy […]

The Supreme Court’s opinion in Bond v. U.S. will be about separation of powers. But about separation of WHICH powers?

Update appended. 5/17 at 1:37 p.m. —- I’ve written several times in the last three-plus years about a Supreme Court case called Bond v. U.S. Actually, to be precise, Bond v. U.S. is two Supreme Court cases, although it’s only one lower-court case. This is not unusual, but the case itself is; both the facts and the […]

Greece, Greece, I Tell You!

It’s not every day that a law professor has his book quoted by the Supreme Court, and so the University of Baltimore‘s Michael I. Meyerson was understandably intrigued when his 2012 work about the Framers’ views on religion made it into Monday’s decision on public prayer. But the plug from Justice Anthony M. Kennedy, who wrote the […]

Town Governments Are People, My Friend.

For citizens against the prayers, the decision sets dangerous church-state precedent. For the town of Greece, court’s ruling is a victory for religious freedom. — Brett Harvey, senior counsel at Alliance ­Defending Freedom, which represented the town of Greece, in Town of Greece v. Galloway, at the U.S. Supreme Court, writing as a guest in […]

Michael Hiltzik: “‘If I had to guess, this case won’t go well for retirees,’ [U. Mich. law prof. Nicholas] Bagley writes.”

In an era in which corporations have been trying every possible stratagem to cut employee benefits (see our look at the Obamacare employer mandate earlier today), a new threat to retirement benefits has just arisen. The source of the threat is the Supreme Court, which earlier this month agreed to rule on when or whether employers can […]

Americans Raid 401(k)s

Angry Bear has carried posts on this issue over the years. 1. 2008 and draining the 401k pool of money, 2. Draining 401ks, 3. 401k and Social Security, 4.. Kenneth Thomas and retirements money (Links), 5. A 1000/mo pension equals 300,000 in savings among others. Yves Smith at Naked Capitalism  makes an impassioned statement. (Re-posted with permission) Americans Raid 401(k)s, Replacing […]

Ah, federalism. Which is in the eye of the beholders. The beholders being Clarence Thomas, Antonin Scalia, Samuel Alito, Anthony Kennedy, John Roberts … and the Koch brothers.

(Correction appended.) (Clarence Thomas in his separate concurrence]* adds that in his view the First Amendment religion clauses don’t apply to the states in the first place. And it only probably bars the establishment of a national church—leaving open the question for another day. — Let Us Pray:The Supreme Court gives its blessing for prayer […]

Do take advantage of your brand new prayer opportunities. Along with your newly created job opportunities and all your new freedoms.

The most important turn in Monday’s Supreme Court ruling in Town of Greece v. Galloway—a case that probes the constitutionality of explicitly religious prayer in legislative sessions—isn’t that the courts no longer have a role in policing the Establishment Clause, or that pretty much any sectarian prayers can be offered at town meetings so long […]

What Are the Supreme Court Justices Hiding? A Lot.

The Supreme Court has long been criticized for its unwillingness to televise, or even record, its proceedings. But debate about transparency at the nation’s highest court should extend far beyond the issue of television cameras. Citizens deserve transparency from the court about how it decides which cases to hear, how justices decide whether to recuse […]

If the Justices “fail to recognize where their assumptions about society and technology break from the norm—or indeed, where they are making assumptions in the first place—we’re all in trouble.” Indeed.

At Crooks and Liars, Parker Higgins focuses on comments made by Chief Justice John Roberts during the oral argument in the cellphone privacy cases, in which the Chief Justice expressed skepticism that many law-abiding people carry more than one cellphone.  Higgins suggests that if the Justices “fail to recognize where their assumptions about society and technology […]