Ruth Marcus on Carhart II:Second, the Father Court Knows Best tone of Anthony Kennedy's majority opinion. "Respect for human life finds an ultimate expression in the bond of love the mother has for her child," Kennedy intoned. This is one of those sentences about women's...
Supreme Court
Not surprisingly--given that it's charged with the task of defending a law that is indefensible under current doctrine--there are many bad elements to Kennedy's opinion besides its egregious sexism and.
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, focused on the right to.
The amazing Lynn Paltrow (a mentor and friend of mine), founder and executive director of National Advocates for Pregnant Women, has cranked out a strong rebuke to the Supreme Court's holding in Gonzales. She focuses on how Kennedy's decision, while claiming to value life above...
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.
Most: It pains me to link to them. Fox News (via Broadsheet):"Congress is practicing medicine and the Court has decided to let it, in direct conflict with its own precedent..
I have a discussion of Jan Crawford Greenburg's new book up at TAP. The most valuable part of the book, I argue, is that it emphasizes how contingent the (relative) moderation of the late Rehnquist Court was. To excerpt one point:The most sophisticated denial strategy...
I finally got a chance to read MA v. EPA, the recent decision requiring the EPA to reasonably justify its decision not to regulate greenhouse gases under the Clean Air.
What do you mean we can't punish oral sex just because it happens off-campus? Let's install cameras! It will destroy our precious bodily fluids educational mission!The War On (Some Classes.
And that little boy nobody liked grew up to be...the nation's chief Inquistor and Underwear Drawer Inspector!I'm reading Jan Crawford Greenburg's new book about the Supreme Court, which is pretty good. One thing it emphasizes is how narrow the margin for Roe (as well as...
I am proud of my non-home and native land today, as the Canadian Supreme Court unanimously rejected a government policy that permitted the indefinite detention of foreign born suspects based.
In comments to this post, I'm afraid that regular commenter Anderson has fallen for the old conservertarian bait-and-switch:Yeah, quite frankly, I think punitives are a terrible idea in general --.