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SCOTUS Skeptical of Sarbanes-Oxley Prosecution Over…Fish?

Posted by Amy Miller on November 06, 2014 11 Comments

“What kind of a mad prosecutor would try to send this guy up for 20 years?”

SCOTUS Blocks Key Parts of Texas Abortion Law

Posted by Amy Miller on October 15, 2014 18 Comments

Admitting-privileges and ambulatory surgical center requirements on hold for now.

Judge tosses out Texas Voter ID as U.S. Supreme Court blocks Wisconsin Voter ID

Posted by Amy Miller on October 10, 2014 166 Comments

Two setbacks for Voter ID this cycle.

Hobby Lobby wins in 5-4 decision over Obamacare contraception mandate

Posted by Amy Miller on June 30, 2014 44 Comments

No contraception mandate for closely held corporations.

Supreme Court limits compelled public sector union dues

Posted by William A. Jacobson on June 30, 2014 36 Comments

The Supreme Court just handed down its decision in Harris v. Quinn, where the issues were (via ScotusBlog): (1) Whether a state may, consistent with the First and Fourteenth Amendments to the United States Constitution, compel personal care providers to accept and financially support a...

SCOTUS: Aereo Streaming Service Violates Copyright Law

Posted by Amy Miller on June 25, 2014 9 Comments

In a 6-3 decision, the Supreme Court has ruled that the Aereo video streaming service operates in violation of the Copyright Act of 1976, and the Act's Transmit Clause.

Supreme Court Affirms Conviction In Gun “Straw Purchase” Case

Posted by Andrew Branca on June 16, 2014 64 Comments

Lying to buy gun in place of a 3rd party is a felony even if the 3rd party would be lawful purchaser.

Supreme Court upholds prayer at town council meetings

Posted by Mandy Nagy on May 05, 2014 22 Comments

Decision this morning from the U.S. Supreme Court: From Reuters: The U.S. Supreme Court on Monday upheld the right of government entities across the United States to allow sectarian prayers prior to public meetings. The court said on a 5-4 vote that the town of...

U.S. Supreme Court upholds Michigan ban on affirmative action in Higher Ed

Posted by William A. Jacobson on April 22, 2014 43 Comments

Sotomayor dissent: Removal of "race-sensitive" preferences equals "stacking the deck" and "forcing the minority alone to surmount unique obstacles"

Book Review: “Dumbing Down the Courts,” By Dr. John Lott, Jr.

Posted by Andrew Branca on December 06, 2013 9 Comments

“Dumbing Down the Courts: How Politics Keeps the Smartest Judges Off the Bench” (2013) is the most recent of Dr. John Lott Jr.’s excellent books applying economics to better understand the societal dynamics around controversial issues. Gun owners will be most familiar with his past...

Supreme Court Gay Marriage Decision – No Standing

Posted by William A. Jacobson on June 26, 2013 48 Comments

Update -- The death of the ballot initiative movement as Court gives de facto veto power to government officials who want to lose a case.

Supreme Court DOMA decision – Unconstitutional

Posted by William A. Jacobson on June 26, 2013 33 Comments

Full opinion embedded at bottom of post. Via ScotusBlog live blog: 10:02 Amy Howe: 5-4 per Kennedy. 10:02 Amy Howe: Roberts dissents. Scalia dissents. Equal protection. 10:02 Amy Howe: Alito dissents, joined by Thomas in part. 10:03 Amy Howe: DOMA is unconstitutional as a deprivation...

More “Wise Latina” Drivel

Posted by 0387erp on January 15, 2013 16 Comments

A couple of days ago I charitably described Andrew Cohen’s embarrassingly gushing celebration of Justice Sonia Sotomayor and her new book in The Atlantic as “treacly drool.” It is not alone, accompanied now by a full court liberal press (NPR, CBS News, the New York...

NY Times’ lawyer takes NY Times Editorial Board to task on Citizens United

Posted by William A. Jacobson on November 27, 2012 17 Comments

Floyd Abrams, a senior partner at the law firm I worked at right out of law school, wrote a Letter to the Editor of The New York Times explaining why the Times got it wrong in attacking Justice Alito’s defense of Citizens United. Citizens United...

NY Times is the enemy of your free speech

Posted by William A. Jacobson on November 22, 2012 15 Comments

James Taranto has a great column about how all the left-wing vitriol over the Citizens United case really is just an attempt to maintain the once monopoly power of left-wing corporations over political speech. News flash — The New York Times is a corporation which...

Alone again, naturally

Posted by William A. Jacobson on July 01, 2012 189 Comments

On its face, Chief Justice John Roberts’ Obamacare decision was a strange bird. A mandate to purchase a product from a private company under penalty for non-compliance, which did not purport to be a revenue measure and which was enacted politically only because it was...

SCOTUS Obamacare Watch (Update: Mandate survives as a tax? Yes)

Posted by William A. Jacobson on June 28, 2012 109 Comments

Was Scalia’s Dissent Originally a Majority Opinion? Scalia’s dissent, at least on first quick perusal, reads like it was originally written as a majority opinion http://lsolum.typepad.com/legaltheory/2012/06/evidence-that-the-votes-shifted-after-conference-initial-vote-to-declare-mandate-unconstitutional.html (in particular, he consistently refers to Justice Ginsburg’s opinion as “The Dissent”). Back in May, there were rumors floating...

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