The Washington Post has a long feature article about Justice Ruth Bader Ginsburg, who has made it abundantly clear that she has no intention of leaving the Supreme Court in order to assure that President Obama can nominate her successor. And she says she thinks a Democrat will win in 2016:
Category Archive: Constitutional law
Oct 08 2013
Oct 04 2013
The usually misnamed Liberty Counsel, founded by Jerry Falwell, actually got one right. They’ve reached a settlement with Plainfield, Ohio, which had refused to allow them to rent a room in a library to put on an educational program about religion and the founding fathers.
Sep 25 2013
In the federal lawsuit challenging Michigan’s same-sex marriage ban on behalf of a lesbian couple who want to adopt each others’ children, the state of Michigan continues to make terrible arguments in defense of that law. In their latest brief, they continue with this completely irrelevant claim:
Sep 17 2013
A three judge panel of the 8th Circuit Court of Appeals has upheld the right of a group of atheists to hand out copies of Bertrand Russell’s Why I Am Not a Christian at a Christian music festival in Minneapolis. The suit was filed against the Minneapolis Park and Recreation Board. You can read the …
Sep 16 2013
The legalization of same-sex marriage in some states leads inexorably to the problem of same-sex divorce, which is a real legal problem if the couple no longer lives, or never did, in the state where they got married and their current home state does not recognize the marriage to begin with. Such is the nature …
Sep 12 2013
Justice Antonin Scalia gave a lecture in Houston recently about Christian morality and economics and took questions from the audience. The answers to some of those questions vary from mundane to predictable to appalling. But let’s start with just plain illogical:
Sep 06 2013
You’d think the city of Dearborn would have learned by now that the First Amendment actually does apply to their city. They’ve now lost another lawsuit over their attempts to restrict the free speech rights of anti-Islam activists, this one over a demand that those holding a legal rally in their city be required to …
Sep 04 2013
The New York Times has an article about Justice Anthony Kennedy and how surprising it has been that he has turned into the most prominent and important crusader for LGBT equality in the nation’s history. As the Times notes, there was no reason to expect this when he was appointed to the court in 1987.
Sep 03 2013
Tony Capaccio has an article in Business Week that points out that Marin Luther King’s famous I Have a Dream speech, the 50th anniversary of which was marked with celebrations the other day, is what led directly to the campaign by the FBI to use illegal wiretaps and bugs to blackmail King and other civil …
Sep 03 2013
The 9th Circuit Court of Appeals handed down a preliminary decision in two cases challenging the ban on the use of gay reversion therapy (the law refers to this as Sexual Orientation Change Efforts or SOCE). This only involves whether a preliminary injunction should be ordered preventing the law from being enforced while the full …
Aug 28 2013
Justice Ruth Bader Ginsburg made clear once again that she has no intention of leaving the court to allow President Obama to nominate her replacement. In an interview with the New York Times, the 80 year old justice said she has no plans to retire until her health forces her to do so.
Aug 26 2013
The New Mexico Supreme Court upheld that state’s anti-discrimination laws, which protect against discrimination on the basis of sexual orientation (most states don’t), and ruled that a Christian business owner doesn’t have a free exercise right to refuse to do business with gay people. Cut the outrage and cries of tyranny.
Aug 23 2013
I was a bit shocked at the relatively lenient sentence that the military court handed down to Bradley Manning. He got 35 years, but could be eligible for parole in as little as ten years with good behavior and credit for time served. The government was asking for 60 years, so Manning is probably a …
Aug 23 2013
Dan Ray, a good friend that I met through this blog nearly a decade ago and a professor of constitutional law, has joined with several of his colleagues in filing an amicus brief in a legal challenge to Michigan’s constitutional amendment forbidding same-sex marriage. But the case, Deboer v Snyder, is really about adoption by …
Aug 20 2013
The chief judge of the Foreign Intelligence Surveillance Court has admitted to the Washington Post that the court he presides over, which is supposed to be a crucial safeguard against misuse of the government’s surveillance powers, lacks the tools to provide effective oversight.