Both the Supreme Court's decisions to approve ObamaCare tax credits and the rejection of state laws banning same-sex marriage take ideas that were first implemented in Massachusetts and make it national law. So now it's official: The Spirit … [Read more...]
GLAD’s Head Talks Marriage News
It's hard to avoid the word play that GLAD is glad. Today's Left Ahead show with Gary Buseck was pretty jolly. He is the legal director and interim executive director of Gay & Lesbian Advocates & Defenders. Looking at the huge, … [Read more...]
6 – 3. A prediction
Without claim to prophetic insight, divination or any guidance beyond that which is provided to me by some slim knowledge of the actors involved, the stakes at play and the scope of the legal situation (and perhaps more than a little … [Read more...]
Supreme Court’s veneer of intellectual honesty and respectability wears increasingly thin
First, the background. Federal courts are constitutionally limited to adjucating "cases" and "controversies," which over the years has been interpreted to mean that in order to bring suit, the plaintiff must be able to show … [Read more...]
Guns Are People, Too
The U.S. Supreme Court, expected to rule narrowly on whether the 2nd Amendment precludes states and municipalities from enacting gun control laws, instead -- by the usual 5-4 majority -- swept away more than a century of precedent and … [Read more...]
Supreme Court Defends KnowThyNeighbor.org’s Right to Publish Petition Information Online
Essex, MA, June 24, 2010 -- KnowThyNeighbor.org, the national gay rights organization known for publishing online the names of close to a million anti-gay petition signers, celebrates a major victory in today's Doe v. Reed by the US Supreme … [Read more...]
Supreme Court decision seems likely to allow DiMasi prosecution to go forward
The Supreme Court today narrowed, but did not invalidate, the federal "honest services" law that has been used to prosecute many people charged with public or private corruption, including former House Speaker Sal DiMasi. The essence … [Read more...]
Rights Under SCOTUS Assault — Again
In their decision regarding Berghuis v. Thompkins, the Court's majority has decided that a suspect's three-hour silence does not constitute an invocation of his right to remain silent, while opening his mouth after three hours of silence -- … [Read more...]
Another example of why you shouldn’t always trust MSM reporting about the Court
The first document at this site is a memo to Kagan's then-boss, Justice Thurgood Marshall, recommending that the Court deny review in a particular case. The way this process works, for background purposes, is basically this: the Court … [Read more...]
Kagan v. Stevens
Much has been said about the fact that Elena Kagan doesn't have a huge paper trail. There's at least one major exception to that: a 141-page behemoth of a law review article, entitled "Presidential Administration." The article, … [Read more...]
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