Even when they’re really rich and really famous and really attractive, other peoples’ actual lives are typically insipid.
The Religious Freedom Restoration Act and the Religious Test Clause predictably collide with Obergefell v. Hodges in Eastern Kentucky.
Monogamous marriage is the right choice for Burt Likko, but mocking those who make a different choice strikes him as very much the wrong way for conservatives to go about their business.
A condemned man in Tennessee wants his lawyers to depose the people who would be his executioners.
I’ve never done this before — promoted my own comment, that is. But I think I got a pretty decent thought out there.
Was there ever really any doubt?
It’s about the journey more than the destination: a glimpse into one summer day in DTLA.
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,
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.
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…
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.
Strong is the desire for vengeance. Pretends to be “justice,” vengeance does.
But down that path, no benefit will you find.
An underwhelming report from SCOTUS this morning.
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.
The calendar has become short — and heavy.
When a Supreme Court Justice calls an entire city a “delicate subject,” there’s pretty much only one city he could be talking about. Burt Likko breaks down today’s division-of-powers decision.
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.
Outrage drives media sales, after all, nearly as well as does fear and possibly better than does envy. … Fortunately, the law offers a reasonable response to that which is seemingly so outrageous.
It’s that time of year again.
The fight in the ring in Las Vegas last weekend was not nearly as tedious as the ones coming up in the courtroom are going to be.
If the three-drug cocktail used for capital punishment is found cruel and unusual, how ever shall we kill our prisoners?
This one is going to be a squeaker.
New Zealand’s Prime Minister apparently needs a lesson in manners.
Many are summoned. Few will serve.
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.
Hiram Johnson’s worst nightmare threatens to crawl out of a nasty little cave in Orange County, California.
The Celestial Emporium of Benevolent Knowledge gave us some of the strangest taxonomies to date; can you top it?
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.
One of Burt Likko’s greatest hits, offered in celebration of #judicialreviewday.
In just over two weeks, some stuff is gonna get real at One First Street Northeast, yo.
When an atheist prisoner self-identifies as Jewish, it provides an insight into the engine driving what Burt Likko predicts will become the next wave of litigation by the incarcerated against their jailers.
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.
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.
Don’t immediately assume that the result is a fait accompli.
Burt Likko was going to mercilessly lampoon a prestige law firm for three of its partners writing a deeply offensive and poorly-reasoned memo. But he got distracted by a shiny object along the way.
Dennis Sanders shares his thoughts on the recently released “Torture Report.”