Oregon Health Officials Delayed a Meeting Because 'Urgency Is a White Supremacy Value'
A second public health official cited the work of antiracist educator Tema Okun after several people on the thread objected.
Law & Government
Super Deference and Heightened Scrutiny
What should courts do when an agency action is based upon scientific evidence within the agency's expertise, but also implicates heightened scrutiny?
Justice Kagan Throws Down the Gauntlet: We Are Not "All Textualists Now"
In her forceful West Virginia v. EPA dissent, Justice Kagan challenges the majority's commitment to textualism.
Abolishing the Filibuster To Protect Abortion Rights Would Clear the Way for Republicans To Ban Abortion
Democrats aren't really this short-sighted, are they?
Here's What Abortion Laws in a Post-Roe World Might Look Like
A pro-life group's model legislation hints at how extreme enforcing abortion bans could get.
Supreme Court Gives Biden Administration a (Temporary?) Win on Immigration with Final Decision of Term
Chief Justice Roberts final opinion of the term rejects the statutory challenge to the Biden Administration's rescission of the "Remain in Mexico" policy.
Supreme Court Rejects Broad EPA Authority to Regulate Greenhouse Gases from Power Plants (Updated)
Chief Justice Roberts writes for a six-justice majority in West Virginia v. EPA.
This Innocent Woman's House Was Destroyed by a SWAT Team. A Jury Says She's Owed $60,000.
Such victims are often told they have no right to sue.
Justice Breyer's Final(?) Majority Opinion Is A Win For Federal Power
Justice Breyer consistently resisted conservative efforts to constrain federal power, so his opinion in Torres is a fitting swan song.
Ketanji Brown Jackson To Become 104th Associate Justice Thursday At Noon
The Supreme Court announces when Judge Jackson will become Justice Jackson.
Did Cassidy Hutchinson's Testimony Clinch the Incitement Case Against Trump?
The former president's recklessness is beyond dispute, but that is not enough to convict him while respecting the First Amendment.
Abortion Rights Under the 9th and 14th Amendments
Understanding what Justice Alito got wrong in Dobbs v. Jackson Women’s Health Organization
Stephen Breyer Officially Retires Tomorrow, Opening a Seat for Ketanji Brown Jackson
“My retirement from active service,” Breyer told the president, “will be effective on Thursday, June 30, 2022, at noon.”
Final Supreme Court Opinions Tomorrow, Followed by Justice Breyer's Retirement at Noon
There are only two argued cases left for decision -- the last two to be decided with Justice Breyer on the Court.
Maximalists Threaten a Federalist Compromise on Abortion
National legislation and extraterritorial application of state laws are inconsistent with the local leeway that the Constitution protects.
Alito's Junk History About Lochner
The conservative Supreme Court justice is wrong about economic liberty and the Constitution.
Conservatives Embrace Anti-Discrimination Principles
Anti-discrimination law was pioneered by the political left. But, in recent years, conservatives have increasingly tried to use it for their own purposes.
Marijuana Banking Legalization Gets Scrapped Again
Members of Congress keep saying they want to allow state-legal pot businesses to have access to the banking system, but they keep refusing to actually do it.
Utah Democrats Endorse Non-Democrat Evan McMullin To Face Mike Lee
McMullin ran a third-party campaign for president in 2016.
A New Jersey Town Wants To Charge This Woman $5,000 To Sell Cookies
Somerville still has costly regulations on the books even though New Jersey has legalized the sale of home-baked items.
Supreme Court Says High School Coach's Postgame Prayers Are Protected Free Speech
A 6–3 majority sees it as noncoercive and not a violation of the Establishment Clause.
Small Change Tolerance Slippery Slopes (Reposted)
[I originally erred in posting this, which kept comments from being available; I've therefore deleted the original and reposted it.]
My Deseret News Article on Carson v. Makin
The article explains why the Supreme Court was right to hold that state voucher programs can’t discriminate against “sectarian” religious schools and addresses various objections.
On Justice Thomas, Dobbs, Precedent, and Substantive Due Process
In his Dobbs concurrence, the senior associate justice reiterates his outlying views on precedent and his belief that all substantive due process decisions were "demonstrably erroneous."
Clarence Thomas Calls To 'Reconsider' Gay Marriage, Sodomy Rulings
The other justices declined to join him, but the future of the Supreme Court rulings on those matters remains unclear.
Alito's Abortion Ruling Overturning Roe Is an Insult to the 9th Amendment
The Constitution protects many more rights than it mentions, as James Madison explained.
Here Is a State-by-State Rundown of What Will Happen Now That SCOTUS Has Freed Lawmakers To Restrict Abortion
Most states are unlikely to enact bans, but 22 either have them already or probably will soon.
The Attitude-Altering Slippery Slope and Extremeness Aversion Behavioral Effects, Plus …
are attitude-altering slippery slopes good or bad?
Divorced Couple Dispute Over Pre-Embryos: One Wants Them Destroyed, the Other Wants Them Implanted
Colorado law says that ordinarily the decision is in favor of the person who doesn't want the embryos implanted; the Colorado Court of Appeals held that this applies even when the person has religious reasons for wanting to donate them to another couple.
Blame Congress for Pandemic Fraud
The inconvenient truth behind all the COVID-19 relief fraud and waste is that these government programs never should have been designed as they were.
'The Second Amendment Is Not Unlimited,' Brett Kavanaugh Stresses in SCOTUS Gun Case
“Properly interpreted, the Second Amendment allows a ‘variety’ of gun regulations,” Kavanaugh writes, invoking Antonin Scalia
SCOTUS Says You Can't Sue the Cops for Violating Your Miranda Rights
A 6–3 ruling undermines attempts to hold police accountable for misconduct.
