Ruth Bader Ginsburg
Gay Rights Gets a Brown v. Board—If It Doesn't Backfire
December 10, 2012
The Supreme Court has announced it will look at two gay marriage cases. Chris Matthews feels a thrill running up his leg. Shivers are probably the right response. But not necessarily the Matthews kind. The Court’s consideration of the sweeping challenge to California’s Proposition 8 raises the odds that the Supreme Court strategy may backfire—a risk that the modest challenge to the Defense of Marriage Act was likely to avoid.
Why Tuesday Could Be a Turning Point for Gay Marriage
November 02, 2012
In the next few weeks, the battle for marriage equality faces two crucial hurdles.
The Supreme Court Exposes Obama’s Circular Logic on Wiretapping
October 29, 2012
The Obama administration has taken a position that makes the Bush pro-secrecy campaign seem pale in comparison
The Court and the Future of Everything You Hold Dear
October 19, 2012
You shouldn't read too much into John Roberts's recent display of jurisprudence.
July 13, 2012
How to understand John Roberts.
Temple of Silence
June 23, 2012
WHEN SUPREME COURT Justice Ruth Bader Ginsburg rose to speak to the American Constitution Society on June 15, many in the audience hoped she would hint at the fate of the Affordable Care Act. The justices had voted on Obamacare on March 30, and by mid-June the Court’s opinion, as well as any concurrences or dissents, had been drafted and circulated internally. But despite palpable panting by journalists, no one outside the Court knew what it had decided. And Ginsburg gave no clue. “Those who know don’t talk,” she said.
Gaming Out a Mixed SCOTUS Decision
June 20, 2012
As recently as a week ago, everybody watching the Supreme Court seemed convinced of one thing: The justices had made up their minds about the Affordable Care Act. They hadn’t issued a decision and, perhaps, they were fine-tuning the legal arguments they would make in their written opinions. But they knew how they were ruling. They just weren't telling anybody about it. Now a new rumor is making the rounds: Five justices have decided to invalidate the individual mandate but they have not settled on what else, if anything, to invalidate along with it. Does the story have any basis in fact?
Day 2 at the Court: Well, that Could Have Gone Better
March 27, 2012
My first impression from day two at the Supreme Court: I was more confident yesterday than I am today. With the caveat that I know health policy a lot better than I know law, I can still imagine the justices upholding the individual mandate. But, at this point, I can just as easily imagine them striking it down. Tuesday's hearing was energized and contentious, from start to finish. But while the justices hammered lawyers from both sides with difficult questions, Solicitor General Don Verrilli seemed to struggle more than Paul Clement, attorney for the states.
Day 1 at the Court: No Ducking the Issue
March 26, 2012
Oral arguments for the Supreme Court on Monday were supposed to be boring. The subject wasn’t the individual mandate, after all. It was the Anti-Injunction Act, a relatively obscure law that prevents courts from hearing legal challenges to taxes until after somebody has paid them. But while the session was not always exciting, the justices did drop two hints about their thinking. All the justices seem eager to decide this case, rather than punting on jurisdictional grounds.
Will the Court Uphold Health Care Reform? Survey Says...
March 19, 2012
Las Vegas hasn’t posted odds on whether the Supreme Court will reject health care reform. But the American Bar Association has done the next best thing. As part of a special publication devoted to the case, the ABA surveyed a group of veteran observers and asked them to predict the outcome. The results? Eighty-five percent predicted that the court will uphold the law. The ABA won’t say how it picked the experts; it promised anonymity to guarantee candor. So make of the results what you will. But those experts seem to part of a broader consensus.