Like Jason Voorhees In That Last Scene

The Religious Freedom Restoration Act and the Religious Test Clause predictably collide with Obergefell v. Hodges in Eastern Kentucky.

Big Monday, 2015

The Supreme Court adjourns for the Term with decisions about redistricting, air pollution, and executions. Burt Likko summarizes each of them, and offers a sad observation about judicial comity losing one of its most prominent sentinels,

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The Highest Profile Legal Writing Clinic Ever

The legal writing in Obergefell v. Hodges is both a model and a caution for future writers, especially those who, like lawyers, would write to persuade.

Marriage!

Obergefell was announced by SCOTUS this morning. 5-4 in favor of same-sex marriage rights. Fourteenth Amendment requires a state to both issues SSM licenses and to recognize licenses issued by other states. Opinion by Kennedy. Roberts, Scalia, Thomas, and Alito all dissent, mostly joining one anothers’ dissents. My office scheduled a 9:30 new client intake…

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Delivering Due Deference

Chief Justice Roberts was nearly silent during oral argument, and then wrote the 6-3 majority opinion in today’s Obamacare case. Burt Likko replies to Justice Antonin Scalia’s accusations of through-the-looking-glass judicial activism.

Estragon v. Godot, or, Still Waiting For The Big Decisions

An underwhelming report from SCOTUS this morning.

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Walker, Texas Lawsuit

What happens when a fraternal organization, dedicated to commemorating Confederate veterans of the U.S. Civil War, declares “all in” before the U.S. Supreme Court, in a case where there appear to be two directly controlling yet contradictory cases and the ideological alignments of the Justices are apparently inverted? Burt Likko breaks down today’s license plate case.

Why Lawyers Need To Conduct All Job Interviews For Everyone From Now On Forever

If an employer sees that a job applicant seems to have some sort of religious need for accommodation contrary to the employer’s policies, isn’t the safer thing for the interviewer to do to avoid dealing with the applicant’s religion at all? Antonin Scalia answers that question and Burt Likko breaks down today’s moderately surprising 8-1 decision.

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Dignitas Versus Auctoritas

This one is going to be a squeaker.

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The Jurisprudence Of Found-Object Taxidermy

A squib in the popular press. A recollected anecdote. A recent law review article. A reference to ska music from the late 1980’s. A daring proposal resting upon an untestable postulate. A recasting of intellectual incentives.

Perfect blogfodder.

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When Text And Context Collide

Wednesday, the Supreme Court will entertain the latest challenge to Obamacare. If you can make it all the way through this post, you’re going to understand what’s going on way better than your neighbors. Added bonus: a significant detour through the jurisprudence of piscene spoliation, which you’ve no doubt all been anxiously awaiting.

Review Of The Charges

A close look at the law and the allegations suggests that outrage about the Brandon Duncan prosecution may be based on incomplete information. Burt Likko dissects the charges and the law for your review, compares that to the advice of his colleagues, and then finishes his nightcap.

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Minimum Beard, Maximum Deference

Turns out, a Muslim prisoner has a right to grow a beard even if the warden doesn’t want him to. Burt Likko digests today’s big SCOTUS case of Holt v. Hobbs to reveal something about what this means for those of us who aren’t Muslims in prison.