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 Court’s history. In the first ten years after Brown v. Board of Education, the 1954 decision that ended the doctrine of separate but equal in […]
Tag: constitutional interpretation
The odds that I will agree with David Bernstein over Dahlia Lithwick are…not good, but in this case Bernstein is right. I’ve been trying to condense the paper I presented at WPSA earlier t
Adam Cohen notes Antonin Scalia once again asserting that the Constitution does not protect gender equality. His reasoning is superficially “originalist”: Indeed, Justice Scalia likes to p
Doug Mataconis notes an interesting aspect of yesterday’s important ruling that will permit same-sex marriages to go forward in California later this month unless the Circuit Court intervenes: If neither Brown nor Schwarzenegger chooses to appeal the case, and no law requires that they do as far as I know, then an appeal by the […]
I’m out of town for a funeral and don’t time to fully get into this, but I couple of quick points to add to SEK’s demolition of Jonah below: Note how tendentious Goldberg’s exa
I outline some reasons to be skeptical about whether Kennedy would be willing to cast a fifth vote to hold bans on same-sex marriage unconstitutional here. At a minimum, there’s no reason to sim
Nice to see the Second Circuit rule correctly on the “fleeting expletive” issue the Supreme Court dodged in a sometimes embarrassing opinion by alleged First Amendment absolutist Antonin Scalia.
As we saw once again yesterday, conservatives on the Supreme Court are in favor of them. I’ve made this point before, but in my experience if you bring up the idea that there’s any possibl
The Supreme Court today held that the Second Amendment — as recently redefined in D.C. v. Heller — applies to the states and not just the federal government, which will almost certainly re
Deciding an appalling case in which a 17-year old was given life without parole for a violating parole, the Supreme Court held today that life-without-parole sentences for juvenile offenders violate the Eight Amendment to the Constitution. And while I had feared a “minimalist” opinion that would create a balancing test that state courts would always […]
The noise from the right about the constitutionality of “deeming” beggars description. Consider Limbaugh: If [House Democrats] pass this using the Slaughter solution—in other words, lite
I have an article up on TAP noting that the referendum overturning same-sex marriage rights should once and for all make clear that “the idea that changes in support of gay and lesbian rights ca