The core exercise of freedom of expression is unlikely to pose a serious risk of physical harm, particularly lethal harm. The same cannot be said of the Second Amendment right. For this reason, it is misguided for courts to reflexively apply to the Second Amendment the same constitutional standards and reasoning developed in First Amendment cases.
Early Monday morning, the US Supreme Court made its first significant ruling on abortion since its 2007 decision on the Partial-Birth Abortion Ban Act, supporting clinics' rights to litigate against state regulations that have no medical basis.
Missed in Scalia's childish histrionics was his so-called 'originalist' approach for interpreting the Constitution.
This Supreme Court is not really a court, but another branch dedicating itself to the Republican party's agenda. It is to the fair, balanced and logical application of justice what Fox News is to news.
History, it is said, is written by the victors. In North Carolina, apparently, that history will be written by Sharia-fearin', teacher-salary slashin' white people totin' guns into their favorite playgrounds and bars.
Quick as a flash, the Tea Party became the Alcoholics Anonymous of political donors, and it still is. That's what this IRS scandal is really all about: keeping political donors names a secret by using 501(c)(4) entities to make sure that the donations are written in invisible ink.
I hope my findings will make more Americans aware of how religion shapes a judge's worldview, in a way similar to a judge's race, ethnicity, gender, and past life experiences. However, I hope the next Supreme Court nominee is not subject to a senatorial inquisition over his or her faith.
On Monday morning, Justice Clarence Thomas broke nearly seven years of silence at Supreme Court oral arguments.
Compared to his fellow justices, Thomas, who has served on the Supreme Court since 1991, has always been reticent, but until
How can a sentient judge, responsible for casting a deciding vote in a 5-4 case -- that is widely said to be the most important of the decade -- sit through the proceedings mute for six hours?