John Boehner is once again threatening to wreck the economy. The president should use the Fourteenth Amendment to stop him.
Blog: The Docket
Posted inLaw and Justice
1st Circuit Rules DOMA Unconstitutional
And the fact that Republican judges wrote the opinion augurs well for future repeal on the Supreme Court-level.
Posted inMoney, Politics, and Power
The Continuing Importance of the Voting Rights Act
If anything, it should be strengthened to combat discrimination all around the country.
Posted inHealth and Social Policy
The War on Contraception Enters the Courts
A new lawsuit has petitioners fighting for the right to impose their beliefs on others with taxpayer money. And the federal courts, increasingly filled with the fringes of the Republican Party—might take the claims seriously.
Posted inLaw and Justice
A State-Federal Standoff over the Death Penalty
Is United States v. Pleau really about federalism, or fundamental morality, colonialism, and the rule of law?
Posted inLaw and Justice
The Unecessary Radicalism of Citizens United
Jeffrey Toobin’s New Yorker piece has the details.Â
Posted inLaw and Justice
For Conservatives, There’s Never A “Right Way” To Change the Status Quo
In an unfortunately timed post last week calling out Obama for being incoherent on same-sex marriage, Ross Douthat made a familiar claim: The first reason is that while the increase in public support for same-sex marriage over the last two decades has been astonishingly swift, it has not been irreversible. Instead, sudden bursts of legal […]
Posted inHealth and Social Policy
Striking Down the PPACA: Still Not A Desirable Outcome
Jon Rauch has an imaginary dialogued with the late Ted Kennedy in which he argues that a Supreme Court decision striking down the Affordable Care Act (a k a the PPACA) might actually be good for liberals. “If the Supreme Court guts another important law and conservatives cheer even louder,” Rauch argues, “their credibility as […]
Posted inLaw and Justice
Face It: SB 1070 Is about Race
The Supreme Court pulls Arizona’s anti-immigrant bill apart like a Barbie. Will they reassemble it or throw it away?
Posted inHealth and Social Policy
Dworkin on Why the PPACA is Constitutional
Ronald Dworkin has an article defending the constitutionality of the Patient Protection and Affordable Care Act in the New York Review of Books that offers an excellent primer on the relevant issues. There are two sections I’d recommend in particular. First, in Section II Dworkin does the most lucid job I’ve seen so far in […]
