QEDaily: Hobby Lobby Is More Complicated Than You Think
July 07, 2014
There's a straightforward, effective way to solve this problem. Would the Republicans support it?
In striking down Michigan's affirmative action plan, the Court laid the groundwork for upholding the remained of the Voting Rights Act.
Sonia Sotomayor Is a National Treasure
April 24, 2014
The justice's brilliant dissent didn't win out over her conservative colleagues. But its wise words about race and fairness distilled the issue in ways that will affect anyone who reads it.
It's entirely in keeping with the judicial restraint we've been urging right-wing justices to observe. And it could have been much worse.
“Don't Touch My Junk” Sneaks Into the Supreme Court
November 01, 2012
A case about dog-sniffing could have a huge impact on the use of privacy-invading technologies.
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.
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.
Obama Should Pack the (Lower) Courts
March 13, 2012
All Hail Samuel Alito, Privacy Champion Extraordinaire!
January 24, 2012
Yesterday the Supreme Court handed down the most important privacy case of the Roberts era, U.S. v. Jones. The unanimous decision is an occasion for dancing in the chat rooms. In holding that the government needs a warrant before attaching a GPS device to a suspect’s car to track his movements 24/7 for a month, all the justices rejected the Obama administration’s extreme and unnecessary position that we have no expectations of privacy when it comes to the virtual surveillance of our movements in public places.
Are Obama And Bush Really The Same?
August 25, 2011
Yale Literature professor David Bromwich has a column in the Huffington Post that's primarily an attempt to push the meme "Bush-Obama Presidency." It does persuasively argue that President Obama has continued many of President Bush's policies in foreign affairs.