So often in modern conversation you hear complaints about how out of touch and damaging the Supreme Court has become. Whether from Bush v. Gore, to Citizen’s United, to the more recently destructive Hobby Lobby decision, to name a bare few, the cries against SCOTUS are getting louder by the term. Yet far too often that hue and cry is by lay people and concerned activists, and the scholars and professors serve up a more nuanced take with pulled punches steeped in complicated case law and argument. Not Dean Chemerinsky. This is a full on broadside against what the court has become and, maybe, what it always has been once the romanticized veneer of reverence is stripped away.
|By: bmaz Sunday September 28, 2014 1:59 pm|
|By: bmaz Saturday November 16, 2013 1:59 pm|
Damon Keith is a legend. The kind of judge other judges speak about with hushed reverence and admiration, and for good reason. I first learned of Judge Keith in law school in the early ’80s when studying what is commonly known as “The Keith Case“. It was, and is, one of the most important Fourth amendment cases in history, and undergirds all significant Fourth Amendment law on domestic targeting and electronic surveillance of persons within the United States.
|By: bmaz Sunday August 25, 2013 1:59 pm|
No right seems more fundamental to American public life than freedom of speech. Yet well into the twentieth century, that freedom was still an unfulfilled promise, with Americans regularly imprisoned merely for speaking out against government policies. Indeed, free speech as we know it comes less from the First Amendment than from a most unexpected source: Supreme Court justice Oliver Wendell Holmes. A lifelong skeptic, he disdained all individual rights, including the right to express one’s political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States.
Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and confidential memos, law professor Thomas Healy reconstructs in vivid detail Holmes’s journey from free-speech opponent to First Amendment hero.
|By: bmaz Saturday January 26, 2013 4:00 pm|
What can only be described as a blockbuster opinion was just handed down by the DC Circuit in the case of Canning v NLRB, the validity of President Obama’s recess appointments has been slapped down. Here is the full opinion. The three judge panel was Chief Judge David Sentelle, Karen Henderson and Thomas Griffith, all Republican appointees.
|By: bmaz Saturday December 29, 2012 2:30 pm|
The event we have all long been waiting for came just in time to have been lost in the the Christmas/New Year’s holidays. Yes, it is the much anticipated news on the DOJ “prosecution” of the former Office of Special Counsel head, under the Bush/Cheney regime, Scott Bloch.
|By: bmaz Sunday October 14, 2012 4:00 pm|
The Snarlin’ has ceased.
|By: bmaz Saturday May 5, 2012 12:00 pm|
There has already been a lot of very good commentary across the internets and media on the notable decision in the 9th Circuit this week in the case of Jose Padilla v. John Yoo. Although many, if not most, commenters seem outraged, the decision is, sadly, both predictable and expected. I also think Marcy had about the right, and appropriately snarky, take on the decision embodied in her post title “Jay Bybee’s Colleagues Say OLC Lawyers Couldn’t Know that Torture Was Torture in 2001-2003“. Yep, that is just about right.
|By: bmaz Saturday February 11, 2012 1:59 pm|
It has been a year and a month since the day the shots pierced the heart of Arizona on January 8, 2011. In all, 19 victims were shot. Six lives were taken and Congresswoman Gabrielle Giffords gravely wounded. Friends, families, a state and a nation were torn at their emotional seams.
The news crews came for their live shots, talking heads talked, pundits opined, quick clues to a deeper cause and meaning sought and catharsis stated to have been reached in a stirring memorial led by an eloquent President. Over time, the initial raw wounds seemed to merge into the amazing evolving story of strength, resilience and recovery of Gabby Giffords. And, to be sure, there are few parallels in public life to the resilience and recovery of Gabby, it has been stunning, heartwarming and inspirational.
|By: bmaz Monday February 6, 2012 7:00 am|
With profound sadness, I report we have lost a true friend, and one of our longest tenured contributors, Mary. Mary Beth Perdue left us on Christmas Eve, December 24, 2011.
|By: bmaz Saturday July 2, 2011 11:15 am|
Well the Obama Administration slid some pretty big news into the holiday weekend trash dump, and for once it is very good news. In a late filing in the Northern District of California (NDCA) case of Golinski v. US Department of Personnel Management, the Department of Justice has formally stated that the Defense of Marriage Act (DOMA) is unconstitutional