Archive for the 'Constitutional law'

Defending My Recent Reasonable Doubts Appearance

A couple weeks ago I was interviewed by my good friends who do the Reasonable Doubts podcast, just a few days after the Hobby Lobby ruling came down. I said then much the same thing that I said here, that I think it’s a very bad ruling but not nearly as far-reaching as some have said it was. A couple of commenters on the RD blog seem to have been highly upset by my position and I’m going to answer their arguments here. Brooks Austin seems to be particularly agitated by what I said, saying I was an “idiot” on the episode. Read more

Justice Kennedy States the Obvious

Justice Anthony Kennedy addressed the annual conference of the 9th Circuit Court of Appeals a few days ago and said something that is obviously true but is bound to make a lot of conservatives lose their mind. Actually, he said two things that will do that. The first: Read more

Huge Victory for Secular Celebrants

The 7th Circuit Court of Appeals has given us a major victory, ruling in a case brought by CFI Indiana that the state must allow secular celebrants to solemnize marriages along with clergy. The ruling was by a three-judge panel that included two legendary conservative/libertarian legal scholars, Judge Frank Easterbrook and Judge Richard Posner. Read more

SCOTUS and Marriage Equality, Round 2

The state of Utah is asking the Supreme Court to hear an appeal of the 10th Circuit Court of Appeals ruling that upheld a district court ruling that overturned their ban on same-sex marriage as unconstitutional. Lyle Denniston explains the situation: Read more

ENDA and the Hobby Lobby Decision

I recorded an interview for the Reasonable Doubts podcast Wednesday evening and they asked me about the decision by several gay rights groups to withdraw support for the Employment Non-Discrimination Act. I had seen headlines all day about it but hadn’t actually read the articles so I wasn’t clear on why they did so and what it has to do with the Hobby Lobby ruling. Reality: Not much. Read more