(Important update below.) —- Well, I’m sure y’all have heard by now about Scalia’s hilarious confusion of the EPA with the American Trucking Association, even if you didn’t read this post of mine about.  The two cases at issue are Whitman v. American Trucking Associations., from 2001, and EPA v. EMA Homer City Generation, the case […]

A while back, I had written this: “One in 31 Adults”. As this was one of my first posts, Dan was kind enough then to post it on Angry Bear. “One in 31 Adults” (~2.3 million) are under the control of the correctional system according to a March 2009 Pew Center Report of the same […]

Okay, first things first.  And the first thing is that when you (okay, when I) put the word “after” instead of “before” in a key sentence, and the error (which in this instance occurred because of a cut-and-paste sentence-edit typo in a complex sentence) makes the sentence nonsensical, you’re gonna be stepping on your own punch […]

In a close and insightful  reading of Chief Justice Roberts’ opinion in McCutcheon, reproduced here with his permission from the election law listserv, Marty Lederman has called attention to this first paragraph: “There is no right more basic in our democracy than the right to participate in electing our political leaders. Citizens can exercise that […]

Clarification appended below. —- During oral arguments in a freedom-of-speech case out of Alabama, several justices challenged the notion that public employees who testify truthfully about an issue of significant public concern aren’t shielded from retaliation by the First Amendment. “What kind of message are we giving when we’re telling employees, you’re subpoenaed in a […]

To be fair, I don’t think Hannity had any idea about Bundy’s racial theories. However, it’s generally a good idea to be wary of lionizing people who go around saying: “I don’t recognize the United States government as even existing.” Anyhow, Cliven was toast, although he did make an appearance on CNN, in which he […]

UPDATE: Elena Kagan served as an Associate White House Council in the Clinton administration in 1995-96, when AEDPA was being drafted and negotiated.   —- “Freedom” does not include actual physical non-imprisonment; to the contrary, “freedom” means states’–or actually, state courts’–and prosecutors’ freedom to violate criminal defendants’ constitutional rights, to their heart’s content. — Me, Angry […]

“There is no right more basic in our democracy than the right to participate in electing our political leaders.”  That’s how Roberts began the opinion. So I guess we can now assume that the Court will strike down all those voter-ID laws that so clearly impact that most basic of rights, and will do so […]

Last week, the Senate Press Gallery denied SCOTUSblog’s application for a press pass, and advised us that it would refuse to renew the credential it had previously granted Lyle when it expires next month.  We were disappointed in that decision, and we are grateful for the support that we have received through social media, emails, […]

It’s already become something of a favorite parlor game among liberals, especially among liberal law geeks, to speculate about when the Supreme Court will strike down state and federal statutes that prohibit corporations from making direct campaign contributions to candidates and political parties. In Citizens United, the court killed statutory bars to corporate and union political […]