Kent Greenfield

Kent Greenfield is professor of law and a Law Fund Research Scholar at Boston College Law School. His latest book is The Myth of Choice: Personal Responsibility in a World of LimitsHe can be contacted on his website at http://kentgreenfield.com.

Recent Articles

States' Rights > Gay Rights

AP Photo/Dana Verkouteren

By now you've heard from the various news sources that, in this week’s Supreme Court arguments on California's Proposition 8 and the Defense of Marriage Act, a majority of justices expressed skepticism over both. So it's imaginable—even probable, if you believe the news—that we will find ourselves at the end of June with DOMA in the junk pile and marriage equality back on the books in California.

Weird Friends of the Court

AP Photo/Charlie Neibergall

If you’ve felt encouraged by recent trends in favor of gay rights—including the new Washington Post poll showing 58 percent of Americans support marriage equality—swing over to SCOTUSblog and read some of the nearly 60 “friend of the Court” briefs opposing gay marriage.

On Tuesday and Wednesday of next week, the Supreme Court will hear arguments in two cases—the first on California’s Prop 8, the second on the Defense of Marriage Act—that could determine whether the federal government can define marriage as between a man and a woman, and whether state bans on same-sex marriage are unconstitutional. The parties are represented by some of the lions of the Supreme Court bar, including two former Solicitor Generals—Paul Clement and Ted Olson—on either side of the issue (though arguing on separate days and on separate cases). Their briefs are strong.

But the Court allows others to file briefs as amici curiae, or “friends of the Court.” These amicus briefs are usually a mixed bag, and on cases like this especially so. Controversial cases about social issues bring out the crazies, and crazies can hire lawyers to write a brief. Sometimes the crazies are the lawyers.

The Glocks Are Falling! The Glocks Are Falling!

flickr/ Wisconsin Department of Natural Resources

The gun crowd is so paranoid about the erosion of their Second Amendment rights that they make Chicken Little look like an actuary. The president’s recent gun proposals include initiatives such as expanded background checks, a ban on certain military-type rifles, and limits on the size of magazines. But if you listen to the gun folks, even these tepid proposals are—to quote a past president of the National Rifle Association—“unconstitutional schemes to gut the Second Amendment.” Iowa Senator Charles Grassley accused Obama of thinking “the Second Amendment can be tossed aside.” Any skeptical glance in the direction of that Glock on their hip is worth a Second Amendment yelp.

Robert Bork: All Brain, No Heart

Despite his intellect, the former Supreme Court nominee lacked one quality any good judge must have: empathy.

AP Photo

The country dodged a bullet in 1987 when Robert Bork, nominated by President Ronald Reagan for a seat on the Supreme Court, lost his Senate confirmation by a vote of 58-42. If he had been confirmed, he would have likely served on the Court for the past 25 years, until his death yesterday at the age of 85.

Down with DOMA, Up with Prop. 8

Flickr/Brian Kusler

A shrinking violet the Roberts Court is not. Since the chief justice was confirmed in 2005 promising to call “balls and strikes,” the Court unleashed super PACs in its 2010 Citizens United decision, injected itself into the middle of a presidential campaign by taking on Obamacare earlier this year, and recently heard a case giving it the chance to cut back or end affirmative action. Under Roberts, the Court has a bit of a swagger. Bill Clinton might say they have some brass.