I haven’t read the opinions, concurrence, or dissents in either Hobby Lobby or Harris v. Quinn, so these comments are based on news summaries and quick commentaries by others. But the biggest surprise in Hobby Lobby, I think, is the express approval, in the opinion and in Kennedy’s concurrence, of HHS’s on-the-fly setup devised in […]
Shaken, Not Stirred: The Supreme neo-Framers (likely) will continue their perversion of the First Amendment speech clause tomorrow.
In an email this morning, Bill H asked me whether I know much about a case called Harris v. Quinn, in which the Supreme Court will announce the likely 5-4 majority’s ruling tomorrow. I responded: I know LOADS about it, Bill, and wrote about it–and about a bizarre comment by Alito during the argument on the […]
I’ve written extensively here at AB about a two-time Supreme Court case called Bond v. United States, first three years ago when the case was heard the first time, then in the last few months as the case was heard there again. My most recent post on it, from May 15, was called “The Supreme […]
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 […]
The Supreme Court’s Runaway AEDPA Train–And What Can Be Done About It Via Collateral Judicial Review. (Yes, this is technical language, but bear with me. I explain it.)
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 […]