4101392382_2b182e3d51_kentucky-court

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.

Featured
USSC

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.

Featured
SCOTUS Aerial

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.

Featured

First Monday 2014

Same cast, brand new season! Burt Likko offers a look at some of the high points of the Supreme Court’s docket for the 2014-2015 Term.

Featured

Casus Contendentes (Now With Update)

Burt Likko wonders whether, despite the unmitigated human rights awfulness that is the nascent would-be state forming in northern Iraq, swallowing our idealism and adopting a strategy of economic containment wouldn’t be a more practical alternative to making war against ISIS.

UPDATE: Reaction to President Obama’s address of September 10.

In My Opinion’s Wake

Burt Likko thinks that Citizens United and McCutcheon were correctly decided. But how can he square that conclusion with his recent Ordinary Court opinion?

Featured

Sebelius v. Hobby Lobby Stores, Parts II and III: Dissenting and Concurring Opinion

Tim Kowal agrees the Greens have individual standing, but suggests the corporation is the appropriate party to assert their claims.