In Conversation: Antonin Scalia "On the eve of a new Supreme Court session, the firebrand justice discusses gay rights and media echo chambers, Seinfeld and the Devil, and how much he cares about his intellectual legacy ("I don’t")." [more inside]
Jennie Linn McCormack "isn’t the only woman in recent years to be prosecuted for ending her own pregnancy. But her case could change the trajectory of abortion law in the United States": The Rise of DIY Abortions. [more inside]
the Supreme Court Short List --read it and weep, or not. CNN is already reporting it's John Roberts, and not Edith Clements. Bush announces at 9pm est. Roberts worked for both Reagan and Bush 1, btw.
Only in 1967 did Loving v. Virginia overturn vigorously-enforced laws against interracial marriage in these 15 states--Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West Virginia. Only in 1964 did the Civil Rights Act overturn laws against equal access to voting, public accommodation, and public education. Only in 1963 did the Equal Pay Act mandate that men and women be paid the same wage for the same work at the same job. History isn't a superhighway, leading us in straight lines toward utopia. We fall back and we move forward, but over the past fifty years, the United States has become considerably more inclusive and equality of access to opportunity has widened. Take a look at this article from the Atlantic Monthly in 1956--1956!--if you don't believe me.
How I Lost the Big One Lawrence Lessig on losing Eldred v. Ashcroft: "We had in our Constitution a commitment to free culture. In the case that I fathered, the Supreme Court effectively renounced that commitment. A better lawyer would have made them see differently."
The Supreme Court is currently hearing arguments about the constitutionality of homosexual sex. While this may not be news, just listening to some of the comments by the conservatives on the court can be a chilling experience, whether you are straight or gay. Is it possible that there can be supreme court justices, supposedly the best of the best, who are really this ignorant?
can states have a foreign policy? the Supreme Court today will review whether state and local governments can protest human rights in other nations by restricting purchases from companies that operate in those countries. the court will decide whether states, by restricting purchases, are making foreign trade policy, which, under the Constitution, is the duty of the federal government.