The funniest reaction to the Obama administration's salutary decision to not defend the constitutionality of Section 3 of DOMA comes, needless to say, from Jeff Goldtsein: Of course, he doesn’t get to determine that – it was passed by the legislature and signed into law...
civil liberties
Via Julian Sanchez, Julian Davis Mortenson does excellent decimation work on John Yoo's attempt to project his Schmittian views of executive power onto the framers and the Constitution. For the.
It's good that Mark Ciavarella will be receiving the due process he denied to so many young men and women. And if he's found guilty, hopefully he will get to.
To follow up on Greenwald's response to William Galston's call to make more people subject to involuntary civil confinement, it's worth discussing the case in which the Supreme Court held that the state cannot "constitutionally confine...a nondangerous individual who is capable of surviving safely in...
I actually don't think it's surprising that conservatives have suddenly decided that privacy and dignity should be given some weight in the War on Terror (TM). The problem is that.
Rosenberg is right -- blame the people who actually make the stupid policies, not the underpaid workers who carry them out.
The Frontline documentary about Cameron Todd Willingham -- the man murdered by the state of Texas, led by Rick Perry, after being convicted based on completely worthless junk science and the transparently unreliable testimony of a jailhouse snitch -- is available online. No matter how...
Since I'm skeptical of even much narrower anti-veil public policy, I find much broader French bans on wearing veils in public particularly dismaying. Like Somin, I express no opinion about.
Here's one type of overweening state power the Tea Party will resolutely ignore. In fairness, that's because they're solely focused on economic is...oh wait. [via]
Tomorrow, the Supreme Court will hear arguments on the question on whether prosecutors can be liable if they violate the constitutional rights of the accused. The background of the case is, in addition, very instructive about the functioning of the death penalty, even before we...
I outline some reasons to be skeptical about whether Kennedy would be willing to cast a fifth vote to hold bans on same-sex marriage unconstitutional here. At a minimum, there's.
I don't have enough knowledge about the contents of the Afghan War Diaries to engage in informed commentary about their contents, so what I'm saying here is more a way.