Category Archives: The Supremes

Same-Sex Marriage, the Judiciary, and Democracy

My response to comments on my Same Sex Marriage Roundup post grew sufficiently in length that I decided to make it a post. ppnl asked, How do you feel about the fact that mostly this “new right” is being delivered … Continue reading

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The Media Are Morons (as usual)

The local Tim Hortons is a convenient place to grade papers. But it runs FoxNews continuously, and sometimes I can’t help but overhear the inanities of its talking heads. This morning some vaguely pretty blonde told me that the Supreme … Continue reading

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SCOTUS Takes Town Board Meetings Prayer Case

The Supreme Court has accepted a case asking the question of whether beginning a town board/city commission meeting with prayer violates the Establishment Clause. I’m surprised they’ve actually decided to do this, and worried that it’s only being taken because … Continue reading

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The DOMA Decision

Since the world wouldn’t be complete without my two cents on the Supreme Court’s rulings in Windsor and Hollingsworth, it’s my duty to comment. First, DOMA

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The Prop 8 Punt

The world needs my input on contemporary issues, so… Second, Prop 8.

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Holding My Breath

Tomorrow? If not, then probably later this week the Supreme Court will finally release their DOMA and Prop 8 decisions. A fine sense of drama these Supremes have, but Amy Howe at Scotusblog explains why, as pure drama, the outcome … Continue reading

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Further Thoughts on Windsor (DOMA)

In addition to the procedural issues in the DOMA case that I discussed in my prior post, there was an interesting substantive point as well: federalism. Counsel for BLAG framed it this way: On the assumption that States have the … Continue reading

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The Standing Question in U.S. v. Windsor

I’m a bit of a process geek, and in the U.S. v. Windsor case, the question of jurisdiction is really darn fascinating (if, that is, you’re a process geek). Here’s the quick background: New York residents Edith Windsor and Thea … Continue reading

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Originalism as Infantilism

In a discussion about constitutional interpretation at another blog it suddenly struck me that originalism is a form of infantilism. What originalists long for is a single clear authoritative and unquestionable interpretation of what the Constitution means. And that’s really … Continue reading

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