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3 Jul 2023, 2:35 pm
And don't say Moore v. [read post]
3 Jul 2023, 11:14 am
(Justice Jackson's similar historical review made no such omission.) [read post]
3 Jul 2023, 5:10 am
Jackson Women's Health Organization, the 2022 case that overruled Roe, was extremely unpopular. [read post]
2 Jul 2023, 1:53 pm
"I don't know that future 'short lists' are worth much if they are made by the same people who generated the last batch of lists. [read post]
30 Jun 2023, 11:24 am
In a statement, lawyer Kristen Waggoner said that the court had “rightly reaffirmed that the government can’t force Americans to say things they don’t believe. [read post]
30 Jun 2023, 9:53 am
Elenis, Justice Jackson posed a hypothetical example for the plaintiffs' lawyer: would a shopping mall Santa who wishes to create only nostalgic images have a free speech right to refuse to take pictures with Black children, notwithstanding a public accommodations law? [read post]
30 Jun 2023, 7:07 am
Have the dissenting opinions (by Justices Sotomayor and Jackson) abandoned the idea that racial diversity in the classroom is supposed to benefit everyone by undermining stereotypes and widening the range of viewpoints? [read post]
29 Jun 2023, 3:16 pm
Today, people don’t have that urgency. [read post]
29 Jun 2023, 1:34 pm
But the majority of justices clearly don't agree. [read post]
28 Jun 2023, 8:01 am
Kagan wrote the majority opinion joined by Roberts, Alito, Kavanaugh and Jackson. [read post]
27 Jun 2023, 3:58 am
Or will they merely react to the Supreme Court as Jackson did to Marshall? [read post]
25 Jun 2023, 10:14 pm
I don't have time to write about Pugin and Coinbase, but you should skim the dissents, which I found more persuasive than I expected. [read post]
23 Jun 2023, 9:58 am
Firefighters4Freedom also cited the City's exhibit 11, a CDC document from December 2021, which stated that "'anyone with Omicron infection can spread the virus to others, even if they are vaccinated or don't have symptoms.'" That document also stated: "We don't yet know how easily [the Omicron variant] spreads, the severity of illness it causes, or how well available vaccines and medications work against it…. [read post]
22 Jun 2023, 1:19 pm
I don't agree with every point Justice Jackson makes in her dissent. [read post]
20 Jun 2023, 6:07 am
As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”). [read post]
20 Jun 2023, 5:58 am
In the words of Justice Ketanji Brown Jackson, written while she was on the district court, it leads to a world in which “the Legislature and the Judiciary are both hopelessly stymied when it comes to addressing alleged abuses by the Executive Branch, such that, ultimately, the President wields virtually unchecked power. [read post]
18 Jun 2023, 9:00 pm
Given Trump's well-known admiration for Jackson the populist/racist, it's not entirely surprising that Trump would emulate Jackson in treating federal government power as available to serve his own partisan and personal ends.To be sure, the spoils system punished enemies by stripping them of their jobs, not by prosecuting them. [read post]
18 Jun 2023, 11:48 am
You know, we don't need Father's Day just because we have Mother's Day. [read post]
17 Jun 2023, 12:37 pm
But I don't like empowering companies to police my morals, politics, and speech, especially when it comes to things that help run my home. [read post]
16 Jun 2023, 12:04 pm
Justice Alito, on the other hand, questioned whether any reasonable consumer would assume the Bad Spaniels toy, even with its references to dog excrement, would have anything to do with Jack Daniels.[7] Justice Brown Jackson questioned whether the Rogers v. [read post]
