The ‘dime store novel’ style of Ted Cruz, clerk

The New York Times ran one of those amusing pieces sourced by former Supreme Court colleagues of Ted Cruz who remember him as a man as enthusiastic about the death penalty as other men are about sex: Mr. Cruz, the most ardent death penalty advocate of Chief Justice William H. Rehnquist’s clerks in the 1996… More The ‘dime store novel’ style of Ted Cruz, clerk

Resurrecting Lochner

Besides a fabulous name, Rufus Peckham is remembered in American jurisprudence for penning one of the most notorious decisions in the era between Reconstruction and the New Deal. Lochner v. New York invalided state laws regulating maximum hour laws. Something called “liberty of contract” existed in what William O. Douglas would later (in)famously call the… More Resurrecting Lochner

Rough justice

I’m one of the liberals who supported the death penalty into the early 2000’s. The state has a perfect right to take your life should it find you difficult of a capital crime, I thought. Then DNA became accepted, resulting in exonerations, apologies, and nothing when innocent suspects died. Then evidence that years in death… More Rough justice

Options available!

The column I’ve been waiting for. Rebecca Traister: But the other thing that’s so revolutionary about fighting for marriage to be about love and companionship – and not about a strictly gendered economic or social power construct – is that it acknowledges human connections that are also available to millions of people outside of marriage… More Options available!

The ‘cynically manufactured and meritless argument’ of the King v. Burwell plaintiffs

Reading John Roberts’ majority opinion on the bus this morning, I was struck by the glee with which he skewers Antonin Scalia for the associate justice’s willingness to ignore statutory intent for the sake of his politics. This is called cynicism. Linda Greenhouse caught it too: Who said that we “must do our best, bearing… More The ‘cynically manufactured and meritless argument’ of the King v. Burwell plaintiffs