Supreme Court

The perils of federalism

1
April 6, 2013
Constitution

Linda Greenhouse, America’s premier legal journalist, has posted this spot-on analysis of why a ruling that DoMA is unconstitutional based on federalism concerns would be a Trojan horse that could haunt progressives for years to come: Beware of conservatives bearing gifts. Ever since last week’s frustrating Supreme Court argument in the Defense of Marriage Act […]

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The Thomas Strategy

0
April 3, 2013
Thomas

Could Justice Clarence Thomas end up on the good side of the ledger in the DoMA case? Personally, I doubt it, but stranger things have happened (though not many, I think). The argument is that Justice Thomas might join Justice Kennedy in an opinion that DoMA is unconstitutional because it amounts to a federal usurpation […]

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The REAL argument is today (and with luck, the Perry case could go away)

4
March 29, 2013
Supreme-Court-2

Friday at 10 a.m. is the traditional conferencing time for the Justices of the Supreme Court, and they are gathering this morning to preliminarily decide the outcomes of the cases in which they heard argument this week. These early outcomes can change; the result in Bowers v. Hardwick famously flipped from good to bad when […]

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Marriage @ the Supreme Court: What happened in the DoMA argument?

4
March 27, 2013
Constitution-No-DOMA

“Do you think they will punt on this one too?” That was the first thing I heard this morning in the Supreme Court pressroom. And though one can never be sure of anything after an oral argument, it looks to me like there will be no jurisdictional punt on the DOMA case. Unlike the Prop […]

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Marriage @ the Supreme Court: Prep for the DoMA argument

0
March 26, 2013
Edie-Windsor-Thea-Spyer

Tomorrow morning starting at 10, the Justices return for day 2 of their gay marriage marathon. In United States v. Windsor, they will decide whether the federal government must recognize the marriage, valid under New York law, of Edie Windsor (above, R) and the late Thea Spyer (L). (Photo taken early in their 44-year relationship.) […]

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Marriage @ the Supreme Court: What happened in the Prop 8 argument?

5
March 26, 2013
Prop8-SCOTUS-Cop-Crowd

The Supreme Court Justices hearing the Prop 8 case this morning were all over the place.  I have posted at TheNation.com an elaboration of why the best word to describe the argument is fractured. To see if you agree with me, you can read the transcript for yourself, and listen to the argument as well.  […]

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