Okay, I get Joe Biden’s extreme, unabated grief over the death of his son last May. But there are, in my opinion, no circumstances under which the Hamlet pose, with its many, many leaks from friends, should have gone on beyond Labor Day. There are, after all, (or should have been, anyway) some important considerations […]
A few weeks ago Mike Huckabee made minor news by telling an interviewer that slavery has never been made unconstitutional. Or, to be precise, he told radio interviewer Michael Medved that “the Dred Scott decision of 1857 still remains to this day the law of the land which says that black people aren’t fully human.” […]
Tomorrow, in addition to the predictable ruling in the EPA/mercury-emissions case, and in addition to a declaration of a constitutional right to same-sex marriage—another 5-4 ruling, in Obergefell v. Hodges—the Court will issue an opinion in Arizona State Legislature v. Arizona Independent Redistricting Commission, a case that could directly implicate continued Republican control of the House of Representatives. […]
In its ACA opinion today, the Court significantly narrowed its “Chevron-deference” doctrine. I’m glad. Even despite the immediate repercussions for EPA authority.
[T]oday’s victory may have been even more decisive than it looks at first glance. It isn’t just that the Court ruled six-to-three in favor of the government’s position, with John Roberts and Anthony Kennedy joining the Court’s liberals in support of a single, non-splintered decision, though that’s important. It’s also that Roberts’ opinion may have precluded […]
Liberty. States’ rights. Freedom. Just ask Justice Kennedy about how the removal of federal constitutional checks on state and local courts, prosecutors and prisons has ensured our freedom. Well, his, anyway. He’ll tell you. It’s our constitutional design (his word), see. I keep wondering why international human rights organizations don’t aggressively spread information about this country’s states’-rights agenda […]
I know for a fact that the alleged facts stated in this New York Times editorial today are false. Or at least that, contrary to the editorial’s claim, those facts, if true, no longer have any impact on black Americans’ financial status and educational opportunities. None whatsoever. I know this because I read John Roberts’ and Anthony […]
Samuel Alito Thinks There Has Been a Constitutional Right of Four People to Marry One Another at Once Since 1967. Interesting.
Justice Kennedy said he was concerned about changing a conception of marriage that has persisted for so many years. Later, though, he expressed qualms about excluding gay families from what he called a noble and sacred institution. Chief Justice John G. Roberts Jr. worried about shutting down a fastmoving societal debate. Justice Samuel A. Alito […]
For the reasons explained above, we now conclude that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption. — Citizens United v. Federal Election Commission, Anthony Kennedy, John Roberts, Antonin Scalia, Clarence Thomas, Samuel Alito, Jan. 21, 2010 I should have foreseen it on Monday. That […]
The chief justice said almost nothing. — Supreme Court Appears Sharply Split in Case on Health Law, Adam Liptak, New York Times Okay, so how well did my predictions from three days ago hold up at the argument yesterday* in King v. Burwell? Well, I got the outcome right, but not the particulars of how it will […]
I have known for the last five weeks—since January 27, to be exact—that the Supreme Court will uphold the Administration’s interpretation of the federal-subsidies provisions in the ACA when it issues its decision in the infamous King v. Burwell case whose argument date at the Court is Wednesday. I also have known since then that […]