More on Connick v. Thompson. I would excerpt, except that it might provide a disincentive to Read the Whole Thing. I'm glad that Lithwick highlights the remarkable Scalia concurrence, which of course was joined by the most reactionary Supreme Court justice since James McReynolds. ...
civil rights
I have an article up at the Prospect about the most recent Roberts Court excrescence, which adds some further context. I remain deeply unpersuaded by the majority's reasoning that 5.
Let's say you're a DA, and your office has an extensive record of disregarding constitutional requirements that relevant evidence be disclosed to defendants and their counsel. This leads to things.
My new column for the Prospect looks the forthcoming oral arguments about the Wal-Mart gender discrimination class action and the importance of Supreme Court cases that don't involve judicial review. It will be interesting to see how the argument goes, but this looks set up...
School boards have gotten the green light from the Supreme Court to re-segregate, and so why not just abandon any pretense of caring and go back to the same "neighborhood.
Ah, the American judicial system. An employer engages in racial discrimination sufficiently egregious that an Alabama jury find it illegal. The 11th Circuit throws out the verdict. Its reasoning is.
I've been having a conversation with the very sharp Silvana Naguib. Particularly since my general position on this is on the record, and I think the analysis applies to anybody Obama might have appointed, rather than turn this into the umpteenth Kagan post let's talk...
Both the long and short book-length versions of his argument are worth reading, but Michael Klarman's remarks about the Supreme Court's generally poor record when it comes to the rights.
Scalia's concurrence in Ricci elaborated an alleged conflict between equal protection and the disparate treatment of the Civil Rights Act. I won't call this a false conflict, exactly -- as.
I'll have more tomorrow, but like Publius I was amazed to come home and read Alito's remarkable-and-not-in-a-good-way concurrence focusing on the Scary Black Guy who allegedly caused New Haven to jettison its testing process for promotions. As Adam also points out, Ginsburg was devastating in...
I will be in a car returning from a graduation party most of the day. So if, as expected, the Court hands down its decision in Ricci today and reverses.
The Supreme Court today, by an 8-1 vote, narowed but did not strike down the "preclearance" provisions of the Voting Rights Act that require certain jurisdictions to get federal approval.