Today is oral argument in Windsor v. United States, challenging the Defense of Marriage Act.

We have not followed the DOMA litigation very carefully to date.

We did cover the secondary boycott effort directed at the King & Spalding law...

The oral argument just concluded.  The audio will be posted later.  Update — Audio is here. Transcript is here.

Expect an avalanche of spin from various pundits — as if the spin matters.

I’ll link to numerous sources which I deem on the low-end of spin meter.  Beware predictions.  Who guessed how Chief...

Today at 10 a.m. is the argument in Hollingsworth v. Perry, also known as the California Proposition 8 case.  Tomorrow is argument in the Defense of Marriage Act case.

It’s hard to believe that this day has arrived.  We have been covering Prop 8 almost since the beginning of this blog.  The...

That’s the statement Elena Kagan made back in 2009 when she was going through confirmation proceedings to become Solicitor General (emphasis added):

1. As Solicitor General, you would be charged with defending the Defense of Marriage Act. That law, as you may know, was enacted by overwhelming majorities of both houses of...

A couple of days ago I charitably described Andrew Cohen’s

Robert Bork has died.

Roger Kimball (via Instapundit), has a good summary of Bork’s importance, which unfortunately ended up being not his scholarship but the vicious attacks by people like Ted Kennedy which gave rise to the modern left-wing smear machine:

Judge Robert H. Bork, one of the the greatest jurists this country...

As Professor Jacobson pointed out the other day, there is an effort already underway to game the refs at the Supreme Court, similar to in the Obamacare case, by creating a media and political narrative that the Court’s legitimacy would be threatened if it were...

The big shock in the Supreme Court’s Obamacare ruling was not that the law was upheld.  Most people thought there was a substantial chance Justice Kennedy would side with the four liberal Justices.

But almost no one thought that it would be Chief Justice John Roberts who would be the swing vote,...

Just breaking, via The Hill:

The Supreme Court announced Friday that it will hear a challenge to the Defense of Marriage Act (DOMA) — the federal law that defines marriage as a union between a man and a woman. The court also agreed to hear a lawsuit challenging California’s statewide ban on...

The Supreme Court has issued a summary Order (h/t @JamieDupree) vacating the 4th Circuits decision in the Obamacare case brought by Liberty University.

Via ScotusBlog:

The Supreme Court on Monday arranged for a Virginia university to go forward with new challenges to two key sections of...

In case you haven’t heard, lily white Elizabeth Warren got herself listed as a Minority Law Teacher and Woman of Color by falsely claiming to be Native American, even though she clearly did not meet the definition used by Harvard and the EEOC.

Warren was reported by both the U. Penn. and...

Argument was heard today in the Supreme Court in Fisher v. University of Texas.

The issues, as summarized at ScotusBlog were:

This morning the Court heard oral arguments in what is likely to be one of the highest-profile cases of this Term: Fisher v. University of Texas at Austin,...

The conundrum – how to be intellectually consistent that the mandate was an unconstitutional penalty to force people into commerce, yet deal with the fact that The Chief and the four liberal Justices called it a constitutional tax.

I said the only solution to this pretzel logic was to say, the Supremes...

I guess that doesn’t surprise me.

Also, does Christie thread the needle on the tax/penalty issue?  Or just muddle things even more?  (not his fault, really)

Via Mediaite:

Sure. Yeah. I mean, listen, I thought all along that it was a tax. And I don’t think it’s exclusively a tax or a penalty. It’s...

Saving Obamacare by calling a penalty a tax has created all sorts of political contortions.

What if the Supreme Court had called a dog a cat, would we then be required to call a dog a cat, particularly if it were better for us?

That’s where we are right now.  Properly characterizing the...