Justice Scalia, RIP. That he would ditch Stare Decisis would make the American System look more European. Yet, Scalia didn’t think “Americans should be governed the way that Europeans are.” That’s a conundrum.
Colorado will have state single-payer health insurance on the ballot this November. After reading through the initiative, my conclusion is that this is an experiment that no state can undertake…
Ken White fisks the President before Burt Likko could even get home from his day job to try.
Taking another stab at how we can deal with firearms in America.
Or, how the Federal Circuit made an ambitious Constitutional claim that may affect football fans nationwide.
One case to rule them all, One Court to mind them,
One rule to govern the States and in its holdings bind them,
In the Land of Washington where the Justices decide.
It is one thing to hate gay couples. It is quite another to risk a child’s well-being in the attempt to hurt them.
Submitted for your consideration, a candidate for the “unlikely sentence exemplar” award.
Guest Author T. Greer eulogizes the neglect of our literary heritage in contemporary rhetoric.
What, it takes three years of law school to do that?
The suckiest Labor Day weekend Kim Davis can remember will turn out to have been only fifteen minutes long in the cultural zeitgeist.
An indulgence in what would be an act of political courage and principle, if it were to actually take place, which we all know it will not.
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.