Richard Posner: Ignore the Constitution

Richard Posner, ironically a Reagan appointee to the US Seventh Circuit Court of Appeals, indicates what disdain many federal judges have for the actual Constitution: And on another note about academia and practical law, I see absolutely no value to

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An Exercise in Raw Judicial Power

As we observe the sad forty-second anniversary of Roe v. Wade, the Supreme Court decision that overturned all state laws banning abortions and effectively served as a judicial death warrant for tens of millions of innocents, I think it is appropriate

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Sorry Mr. Franklin, We Couldn’t

I was going to provide an analysis of both of the Supreme Court decisions today related to gay marriage, but instead I will focus on Hollingsworth v. Perry, which was concerned with California’s Prop 8. But first a couple of

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The Shelby Decision and Uncle Toms

This is, in a sense, a two-part post. The first part examines the decision handed down by the Court in Shelby v. Holder, and the second looks at the hysterical over-reaction. The decision itself is fairly restrained. In a 5-4

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Let’s Ignore That Pesky Constitution

    Louis Michael Seidman, a professor of Constitutional Law at Georgetown (surprise!), doesn’t think much of the Constitution as he explains in an op-ed in the New York Times: Consider, for example, the assertion by the Senate minority leader last

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Et Tu, Ioannes?

The Supreme Court has ruled the individual mandate is constitutional as a tax. So the individual mandate is not a permissible use of the commerce clause; however, it is appropriate for Congress to levy a tax that essentially forces taxpayers to buy health

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Hollow Victories

There is some excitement that oral arguments are going well for opponents of Obamacare.  Though oral arguments are not perfectly indicative of how the Supreme Court will vote in the end, there is some cause for guarded optimism.  That being

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It is Time to Get Rid of Most Campaign Finance Laws

One of the big items today is news that the Romney campaign is bleeding cash.  Considering his all out assault first on Newt Gingrich, and now Rick Santorum, this comes as no surprise.  Yet while Romney spends more in a

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The Lemon Test Strikes Again!

  Senior Federal District Judge Ronald Lagueux, a 1986 Reagan appointee, has ordered the Cranston High School in Cranston, Rhode Island to remove a mural, pictured above, depicting a school prayer.  The mural had been in the school since 1963.  The suit, as is

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Constitution, Shmonstitution

President Obama does his best Hugo Chavez impression as he chucks the U.S. Constitution for election gain. Election 2012 can’t come soon enough for this tin teapot to get booted out of office.

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Activism! They Cried

The reaction to Judge Hanson’s ruling in Virginia v. Sebelius was predictable:  rejoicing on the right . . . not so much on the left.  A few people actually attempted to analyze the decision on a legal, rather than policy

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Constitutional Ignorance

I see that my co-blogger MJ Andrew has already posted about the Christine O’Donnell-Chris Coons debate, and I thank him as that saves me the trouble of having to sort through a whole bunch of links. I disagree with him,

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Sharia Law and the U.S. Constitution

[Update I:  I have streamlined the following post to be easily readable to the average layman, but informative enough for a lawyer or law professor to learn a bit more on the similarities and differences between Sharia and U.S. Law]

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Sharia in Dearborn?

Apparently the police acting to unconstitutionally arrest individuals attempting to hand out proselytizing literature to Muslims in Dearborn is not unusual according to this release from the Thomas More Law Center: In what some have described as police enforcement of Sharia

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Supremes: Mojave Desert Cross Can Stay

In a tribute to common sense, the U.S. Supreme Court has ruled that a Cross raised in 1934 as a tribute to U.S. soldiers who died in World War I may stay at the Mojave National Preserve.  The depressing part

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Supreme Court Justices and Religion

To ask some questions is to answer them, and via Commonweal, I see that UCLA history professor emeritus Joyce Appleby has penned a lovely exercise in anti-Catholicism entitled, Should Catholic Justices Recuse Selves On Certain Cases?. Here is an excerpt: But because of

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Scalia on Stare Decisis and Roe

Hattip to the ever eagle eyed Jay Anderson at Pro Ecclesia.   Justice Antonin Scalia on stare decisis and Roe.  By the way, Scalia’s low estimate of Roe as a legal opinion is pretty nearly universal in the legal world.  Liberal attorneys

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Is the Bankrupt the Nation Act Unconstitutional?

Ronald Rotunda, is currently a Professor of Law at George Mason University.  Twenty-seven years ago he had the onerous task of attempting to beat legal ethics ( and I can almost hear most of you shouting “Oxymoron!”) into the heads of

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Victory in Connecticut

Lawlor and McDonald, the two anti-Catholic bigots behind a bill to tell the Catholic Church how to operate in Connecticut, have tucked their tails between their legs, cancelled the hearing on their bill, and their hate note to the Catholic Church,

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They Came For The Catholics

Anti-Catholic bigots are busily at work in the Connecticut state legislature.   Raised Bill 1098 would effectively place any corporation connected with the Roman Catholic Church in Connecticut under lay control.  The sponsors of the bill, Representative Mike Lawlor, ironically a law

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