It's hard to imagine anything good coming from the Supreme Court's decision to grant cert in the Wal-Mart class action discrimination case. Republican Supreme Court Justices have been crucial to the long-running Republican project of nominally keeping civil rights statutes on the books while making...
Supreme Court
On the Twitter today, Jacob Levy made the half-defense of Bush v. Gore perhaps most commonly made by smart people: the majority opinion was indefensible, but the outcome is not,.
Jeffrey Toobin on the 10th anniversary of one of the worst Supreme Court decisions of all time: [M]omentous Supreme Court cases tend to move quickly into the slipstream of the.
Liptak has an interesting piece on opinion-writing on the Roberts Court, and in particular the debate within the Court about whether they should be using the relatively tiny number of appeals they accept to be setting clear rules: In June, the Supreme Court issued a...
This is remarkable: Nearly 20 years after Anita Hill accused Clarence Thomas of sexual harassment during his contentious Supreme Court confirmation hearings, Justice Thomas’s wife has called Ms. Hill, seeking.
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.
Longtime readers will recall Ann Althouse constructing a fantasy-world moderate Sam Alito based on one (exceptionally weak) piece of evidence. Streamlining her apologism, she is now making claims about the moderation of the Roberts Court...with no evidence at all! Responding to Lithwick and Friedman's seemingly...
Dahlia Lithwick and Barry Friedman have a very strong article about the various camouflages used by the Roberts Court. There's nothing new about most of this stuff -- selecting favorable.
Scalia's attempt to use the nullification of masturbation bans as a scare tactic is definitely one of my favorite passages in the U.S. Reports.
8% of the American public believes that the late Thurgood Marshall is the Chief Justice of the Supreme Court. (What percentage of Americans think Earl Warren was a sleazy male stripper remains unspecified.) Perhaps more importantly, fewer than 30% of the public got the question...
A commenter on the recent thread about Kennedy says probably not: I see no reason why anyone would assume that Ginsburg, Breyer, Sotomayor and Kafan would be votes to affirm..
Essentially, among people who don't think that the Supreme Court's perspectives should range only from "Rockefeller Republican" to "Newt Gingrich Republican," there have been two excuses for nominating Elena Kagan.