In a 5-4 division of justices I’m already sick of, on Thursday the Supreme Court overruled two precedents to throw out an appeal to a murder conviction as being outside of the deadline, even though 1)the filing was within a deadline given by a federal district court judge and 2)opposing counsel didn’t even object to […]
Category: constitutional law
Speaking of Judge Southwick and peremptory challenges, this is interesting. Apparently he (along with a majority of his colleagues in Mississippi) is sometimes sympathetic to claims of racial discrimi
I reiterate my opposition here.
Welcome to Crazy Nino’s House of Federalism! We guarantee that any characterization of facts by a state court, even if it’s so tendentious or transparently false that even a conservative darling circuit court judge can see through it, will be accepted!* Don’t worry about pesky Constitutional rights–make up whatever crap you need to and string […]
Simon Lazarus and Rochelle Bobroff have more on Alito in the wake of his casting the decisive vote in the awful Ledbetter decision: In the meantime, they can expect more opinions in this vein from the
The small band of people arguing that Sam Alito would be anything but a catastrophe for liberal constitutional values had very few arguments available to them, given the overwhelming evidence that he
As Ruth Bader Ginsburg notes, the evidence of gender discrimination in the case of Ledbetter v. Goodyear, decided today by the Supreme Court, is unambiguous: Lilly Ledbetter was a supervisor at Goodyear Tire and Rubber’s plant in Gadsden, Alabama, from 1979 until her retirement in 1998. For most of those years, she worked as an […]
Thers quotes the first half of the Scalia quote approvingly cited by Ann Althouse. I’d like to deal with the second: “What Shakespeare is to the high school English student,” Scalia
The feminist Canadian jurist Bertha Wilson passed away last week. Wilson was the first woman appointed to the Supreme Court of Canada (by Pierre Trudeau in 1982, the same year the Charter of Rights an
Last week, Bean pointed us to this op-ed by Cass Sunstein, who argued that Ruth Bader Ginsburg’s dissent in Carhart II–which rooted a woman’s right to obtain an abortion on the basis that most attempts to interfere with this right violate a woman’s equal citizenship–may well become the Court’s majority one day. In the long […]
Constitutional scholar Cass Sunstein had a column in yesterday’s L.A. Times focusing on Justice Ginsburg’s dissent in Gonzales. The dissent, unlike the Court’s abortion jurisprudence
I’m frankly baffled by Ilya Somin’s claim that there are plausibly five votes to strike down the PBA Act on Commerce Clause grounds. The most obvious problem with his argument is that it e