Whose Court Is It, Anyway?

March 28, 2013

Only fortitude or good connections could get you into the Supreme Court’s historic arguments this week. That’s not good enough.

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Taking A Good Decision Too Far

June 10, 2011

If you have been reading my commentaries for awhile, you know that I firmly agree with the Supreme Court decision in last year’s Citizens United case. But even good decisions have their limits, and a federal judge in Virginia went too far when he concluded that Citizens United gives corporations a right to contribute directly to political campaigns. U.S. District Judge James Cacheris ruled recently that it is unconstitutional for …

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A Good Turnout But A Bad Idea

April 7, 2011

If you love democracy, or if you just find politics entertaining, you had to smile yesterday after nearly 1.5 million votes were cast in an election for the Wisconsin Supreme Court — yet only a handful separated the two candidates in a cliffhanger that seemed bound for a recount. On the other hand, if you want litigation to be decided on the law, rather than on public opinion, you might …

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Court Considers Free Speech For All

July 10, 2009

One of the biggest decisions the Supreme Court made last week before leaving for its summer recess was a decision not to decide. Rather than ruling on the case Citizens United v. Federal Election Commission, which deals with restrictions on campaign speech, the Court said that it will rehear arguments in Citizens United in a rare September session. In the meantime, it has requested briefs exploring the broader issues underlying …

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The Good, The Bad And The Legally Blind

July 1, 2009

Good news: Eight justices of the U.S. Supreme Court agree that it is unconstitutional for school officials to force a 13-year-old girl to stand before them, strip to her underwear, shake her bra and pull aside her panties in a search for painkillers. Sometimes. Bad news: One sitting justice of the nation’s highest court, himself no stranger to sexual harassment allegations, says that such a proceeding does not violate the …

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