Law

Dispatches from the Creation Wars

Category archives for Law

Greenburg on Justice Thomas

Jan Crawford Greenburg, one of the better legal journalists today, had an article in yesterday’s Wall Street Journal that confirmed many of the things I’ve said about Clarence Thomas for years. I did not think he was the most qualified person for the job by a longshot when he was nominated to be a Supreme…

The Massachusetts high court, as expected, has rejected a request that they order the state legislature to hold a vote on a proposed gay marriage initiative. “Those members who now seek to avoid their lawful obligations, by a vote to recess without a roll call vote by yeas and nays on the merits of the…

The 9th Amendment Means What It Says

That’s the thesis of a new article by Randy Barnett in the Texas Law Review, and I quite agree. This, in my view, is the single most important issue in constitutonal law. Barnett has been leading the fight for restoring the genuine meaning of the ninth amendment and giving it a real influence over judicial…

Court Rules Against Oil Industry

The Supreme Court ruled unanimously today against Arco and BP America in their attempt to get out of paying old royalties to the government. One of the things that annoys me during all confirmation hearings is how utterly simplistic the arguments are from advocates on both sides. In the case of the last two justices,…

FIRE Report on Campus Speech Codes

The Foundation for Individual Rights in Education has issued its annual report on campus speech codes around the country (see the complete list of over 300 schools and their rating here). They use a three-tiered rating of red, yellow and green lights based upon how draconian or arbitrary a university’s speech codes are. They note…

SCOTUS to Hear Student Speech Case

Remember the case in Alaska with the high school student who hung a banner saying “Bong Hits For Jesus” at a parade and got suspended? The Supreme Court has granted cert and will hear the case. Ken Starr will argue on behalf of the school. The appeals court ruled in favor of the student. Someone…

Scalia the Civil Libertarian?

The novelist Scott Turow has an article in the New York Times magazine making the argument that Justice Scalia has moved toward a more civil libertarian position in recent years because of his originalism. I find his analysis rather shallow and ill-informed. He’s certainly right to point out that Scalia has, from time to time,…

I love getting these “action alerts” from religious right legal groups. At least once a week I get a breathless, hyperbolic email designed to push the emotional buttons of their followers and get them worked up into an unsightly froth. The Thomas More Law Center’s latest news alert takes aim at an obscure California college’s…

John Paul Stevens to Retire?

Human Events is reporting from a supposedly credible source that Justice Stevens is in grave health and is expected to retire from the Supreme Court before the end of the year. Naturally, they are using this as a warning to conservatives about the importance of voting for Republicans this year: Normally, this news might be…

One of the law professors on the ReligionLaw listserv posted a link to a journal article on SSRN by George Dent of Case Western Reserve University. The article, entitled Civil Rights for Whom? Gay Rights Versus Religious Freedom, reminded me of Dorothy Parker’s famous one line book review – “This is not a novel to…