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

Heightened Scrutiny of John Roberts: He Says He Will Vote to Uphold the University of Texas Affirmative Action Admissions Policy Because White Applicants Have Political Power. Seriously.

WASHINGTON — As the justices of the Supreme Court struggled with the question of same-sex marriage this week, politicians in Congress kept handing down their own verdict. One after another, a series of lawmakers in recent days endorsed allowing gay men and lesbians to wed. But momentum in the political world for gay rights could […]

SCOTUSblog’s Tom Goldstein says a same-sex-marriage victory in DOMA almost precludes a same-sex-marriage victory in the Prop 8 case. I disagree.

Students of Windsor and Hollingsworth have always recognized a basic tension between the theories of gay-rights advocates in the cases.  The challenge to DOMA is undergirded by a sense that marriage is a matter for state rather than federal regulation.  The challenge to Proposition 8 is a direct challenge to just such a decision by […]

Tom Goldstein of SCOTUSblog tweets, during the short break after the first hour of argument in the California Prop 8 case, that …

Breaking: 1st update- #prop8 unlikely to be upheld; either struck down or #scotus won’t decide case. More in 30 mins. This is the more important of the two gay-marriage cases.  Tomorrow’s argument will be on the constitutionality of the federal Defense of Marriage Act (DOMA), but almost no one (best as I can tell), thinks […]