Tag: SCOTUS

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You know it when you see it

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On June 8, 2009
Following up on Scott’s post, Potter Stewart was famously derided for describing “obscenity” as something that can’t be pinned down by formal definition, but which nevertheless can be subject to a “you know it when you see it” test. The mocking of this view always struck me as odd, given that huge numbers of legal […]

A kind of progress

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On May 26, 2009

Assuming Sotomayor is confirmed, the SCOTUS is going to have only one Protestant justice, along with six Catholics and two Jews. (And Stevens appears to be the most nominal of Protestants, as he doesn

The price of moral panic

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On May 5, 2009
Certain candid obesity researchers will tell you in private, especially if you get a couple of G&Ts into them, that yeah, there really isn’t any increased mortality risk associated with BMI at all until you get into the mid-30s, but still it would be good for people to avoid getting fat because, um, well you […]

Boys Club

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On February 6, 2009

Ruth Bader Ginsburg’s health issues raise the possibility that the SCOTUS may soon not have any women on it. If Ginsburg retires, the pressure on Obama to nominate a woman to replace her will be

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