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 decidedĀ 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

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