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Delivering Due Deference

Delivering Due Deference

Chief Justice Roberts was nearly silent during oral argument, and then wrote the 6-3 majority opinion in today’s Obamacare case. Burt Likko replies to Justice Antonin Scalia’s accusations of through-the-looking-glass judicial activism.

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When Text And Context Collide

When Text And Context Collide

Wednesday, the Supreme Court will entertain the latest challenge to Obamacare. If you can make it all the way through this post, you’re going to understand what’s going on way better than your neighbors. Added bonus: a significant detour through the jurisprudence of piscene spoliation, which you’ve no doubt all been anxiously awaiting.

Prop 8 stands?

Consider this: 1.  The Supreme Court today ruled in its opinion holding DOMA unconstitutional that the states are entitled to decide their own marriage laws.  Assume this is not a meaningless statement – a “bald, unreasoned disclaimer,” as Justice Scalia called it.  (This may be asking much of those who recall the majority opinion author’s prior work in Lawrence and Romer, rich with such disclaimers.) 2.  President Obama also acknowledged today that Americans’ views on marriage are based on “deeply […]

Big Wednesday 2013

I thought this would only have been a one-day thing. But we’re here on the third day in a row of huge decisions from the Supreme Court. At last, we have rulings on the same-sex marriage cases. [Discussion at NaPP]