Tag Archives: Justice Scalia

Is Same-Sex Marriage Unbeatable in Court?

“It’s over,” declare David S. Cohen and Dahlia Lithwick at Slate. Cohen and Lithwick have boldly claimed that same-sex marriage can no longer lose in courts. The Slate article points to eighteen cases involving same-sex issues that have been decided since SCOTUS’s … Continue reading

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A Dose of SCOTUS Holiday Cheer: Oral Argument Annotated—Part II

In Dose 1 of our SCOTUS holiday cheer, we learned that “Greece” is not only a bankrupt country that is the bane of Germany’s existence, but also a small town in New York struggling with a big time problem. The … Continue reading

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Justice Scalia’s DOMA Dissent: Annotated

Justice Scalia wrote the primary dissenting opinion in the DOMA case the Supreme Court decided on Wednesday. That is appropriate. Justice Scalia is the king of the dissenting opinion. He has actually won SCOTUS’s award for Best Dissenting Opinion[1] in … Continue reading

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Even a Conservative Reading of the Constitution Supports a Right to Same-Sex Marriage

One of the more compelling exchanges during the oral arguments on the same-sex marriage cases came between Justice Scalia and Theodore Olson, attorney for the opponents of Proposition 8. Here is the exchange: JUSTICE SCALIA:    I’m curious, when -­ … Continue reading

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Why Proposition 8 Violates the Due Process Clause

Supporters of same sex marriage have now filed their briefs in the Proposition 8 case. Their primary brief can be found here. Once again, I read it, so you don’t have to. My summary follows. The focus of the argument … Continue reading

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What Does the Constitution Say About Same Sex Marriage?

When the Supreme Court decided the Obamacare case, it shed light on one of the most significant constitutional questions in American history: how broad is the power of the federal government when it comes to regulating economic activity? As significant … Continue reading

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The Supreme Court: Not Partisan, But Out of Touch

In light of the pending Obamacare decision by the Supreme Court, which is due in the next few weeks, cries of partisanship on the Court are as common as Romney flip-flops. The exasperated cries of some journalists (no doubt emboldened … Continue reading

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Now This Changes Everything: The Obamacare Oral Arguments Explained

Prior to Tuesday morning, journalists and experts spent quite a lot of time speculating about how Justice Scalia and Justice Roberts would vote on Obamacare. That was kind of like the media speculating about which 2008 presidential candidate would win … Continue reading

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