In his dissent of the majority opinion in Obergefell v. Hodges, Justice Scalia referenced the value of asking your nearest hippie tough, complex questions about constitutional interpretation and the meanings of intimacy and expression. So I did. I don’t live in Marin County or Ojai; I live in Chicago but presently reside in D.C. so… Continue Reading
Last week, six cases rained down on us in one day at the Supreme Court. While the church signs and “bath salts” opinions got our attention, as did the bizarre and tragic timing of the Confederate flag drivers license decision, none of those stayed with me the entirety of the weekend like Ohio v. Clark.… Continue Reading
How many articles, journals, blog posts, podcasts, and Tweets does it take to understand King v. Burwell? The short answer: Several. One can easily find himself in their own “death spiral” of content, to use the parlance of the media and Justices recently, and still end up in the same place – confused, but maybe… Continue Reading
5-cent explanation: If police mistakenly stop you for a traffic violation can they still use evidence taken during a search despite the error? 10-cent explanation: This is the first post and first case to kick off the October term 2014. Another year, another case involving law enforcement conduct during vehicle searches. Last year’s 4th Amendment… Continue Reading
5-cent explanation: To what extent can the Environmental Protection Agency regulate greenhouse gas emissions from stationary, i.e. industrial, sources? 10-cent explanation: In 2007, SCOTUS ruled in Massachusetts v. EPA that the EPA could regulate greenhouse gas emissions (GHGs), per the Clean Air Act (1970), so long as they were deemed a danger to public health.… Continue Reading
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