In Which I Mostly Agree With Clarence Thomas

Today’s big case was Fisher v. University of Texas. It’s the affirmative action case. The case was decided 7-1 with Anthony Kennedy delivering the opinion of the Court’s majority in a blander fashion than I’m used to. The case is remarkable… Continue Reading

The Text Is All We Have

Today’s story about the Justice Department obtaining two months’ worth of telephone records from the Associated Press, apparently without a warrant and without any sort of prior notice to the people or entity thus searched, gives me a good platform… Continue Reading

Panic Stains Tsarnaev’s Apprehension

I cannot think of a time in American history, or indeed in world history, in which an entire city has been shut down to apprehend a single criminal. On Friday, the city of Boston and its neighboring cities of Cambridge and Watertown were… Continue Reading

Playing With Constitutional Fire

A few days ago I broke down a case from the Ninth Circuit permitting sectarian prayers at the opening of city council meetings for a city in California. In 2011, the Fourth Circuit reached the opposite conclusion with respect to… Continue Reading