constitutional interpretation
Under the Fourth Amendment, searches of a person's home are presumed to require a valid warrant unless there are "exigent circumstances." The Supreme Court has also, logically enough, held that.
In comments, I think Pithlord gets at what legal arguments about the ACA ultimately boil down to: "In the real world, if courts never enforce a standard, then it isn’t.
As a follow-up to Dahlia Lithwick's excellent recent piece about the proliferation of state anti-abortion restrictions, I have a new Prospect column arguing that while in some ways these restrictions.
I suppose proposing this is like asking for a unicorn farm, but John Paul Stevens is right about what an appropriate response to Connick. v. Thompson would look like: Stevens.
I have a new column up about the Supreme Court stretching to defend corporate interests -- who saw that coming? -- in AT&T v. Concepcion. Another point about the preemption.
I have a new Prospect article up on how Roberts and Alito aren't as bad as Scalia and Thomas...they're worse. To make one more point about the remarkable Stuart Taylor.
I generally agree with Mark Tushnet that Robert Jackson is overrated. But I also agree that he did have a talent for good lines, and this bit from his famous-if-overrated.
The Roberts's Courts disingenuous war on standing in Establishment Clause cases continues. The glories of minimalism! If you're looking for silver linings, Kagan's first dissent was very good.