Burning the Flag, Trump and our Black Robed Masters

    Trump is catching flack for tweeting that flag burning should be against the law and that those who do should suffer a penalty, for example a year in jail or loss of citizenship.  Of course the idea that

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Supreme Silliness

    Christopher Johnson at Midwest Conservative Journal makes the best argument I have seen yet on behalf of Donald Trump:  to see the look on Justice Ginsburg’s face as President Trump nominates her successor:   Elderly, senile woman publicly humiliates

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I Will Not be Cowed into Voting for Trump this November

Roughly eight percent of the Republican delegates have been doled out thus far, but evidently it’s all over but the shouting. We might as well make piece with GOP nominee Donald Trump, we’re told. Whether or not one is ready to

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Massachusetts Abortion Clinic Bubble Zone Law Struck Down

    Today a unanimous Supreme Court, in MCCULLEN ET AL. v. COAKLEY, ATTORNEY GENERAL OF MASSACHUSETTS, struck down the Massachusetts “Bubble Zone” law, keeping pro-life protestors  35 feet away from abortion clinics, as a violation of the First Amendment.  That is

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Defending the Indefensible

      My old legal ethics (Yeah, I know, attorneys are taught ethics?) professor, Ron Rotunda, has a fascinating opinion piece in the Chicago Tribune recalling a time in 1994 when he was in a small group that heard the late

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The Right to Kill Your Kid

Right you are Klavan on the Culture!  Abortion is a perfect example of the tranformation of a fairly low level debate state by state into a national issue that haunts the nation year after year.  As the Supreme Court succeeded

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Al Franken Takes a Nap During Elena Kagan Testimony

Senator Al Franken’s visits to Dave Letterman’s Late Show is taking a toll on him. As far as Miss Kagan’s assertion on the monopoly of truth or wisdom, it’s apparent that God has no role in her life whatsoever.

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Elena Kagan Says It Is Fine If The Law Bans Books

SCOTUS nominee Elena Kagan has argued before the Supreme Court that it’s fine if the Law bans books. Her rationale? Because the government won’t really enforce it. I’m no legal scholar but this sounds like a 3rd grade argument. Aren’t

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Elena Kagan and the state of Democracy

I’m not sure I ever expected to wake up to read the New York Times coverage of a new nominee to the Supreme Court and find myself in agreement. Of course, they think she’ll be a fine justice and I

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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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Christian Legal Society v. Martinez

As I’m a week and a half from law school exams, I don’t have the time to do this justice but there’s an important case involving a group I’m involved in at law school that was argued in front of

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Looking Back on Justice Stevens: Kelo

From a Catholic point of view, retiring Supreme Court Justice Stevens’ extreme commitment to supporting unlimited abortion in our country is clearly one of his worst legacies as a justice, and one most likely to be mirrored by whoever is

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Stevens to Retire

Get ready for Obama appointment, Round 2. Supreme Court Justice Stevens announces he will retire in the summer. Not sure how the timing will work on this, especially as Obama and the Democrats try to avoid being too contentious right

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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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Sotomayor, No Content Of Character Here

Imagine a white male conservative making the same comments that Judge Sonia Sotomayor made: A wise White man with his experiences would more often than not reach a better conclusion than a Latina female,” The mainstream media (old media) would

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This Is Not One To Fight

The protests around Obama’s honorary degree from Notre Dame University had many of the more politically progressive Catholic voices complaining that pro-life advocates had moved into a practice of loudly protesting absolutely everything that seemed vaguely positive for Obama without

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What's Empathy Got To Do With It?

Doug Kmiec has a rather bizarre article up at America entitled The Case For Empathy: Why a Much-Maligned Value Is a Crucial Qualification for the Supreme Court. If the article is any indication, I suppose we should be thankful Obama

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Obama Wants Living Constitution Theory For SCOTUS Nominee

With the announced retirement of Supreme Court Justice David Souter President Obama wasted no time in addressing the issue of what he’s looking for to fill this vacancy.  In so many words he clearly stated his desire for an activist judge with

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The Ten Worst Supreme Court Decisions of All Time

The Cranky Conservative has two first rate posts on his site here on what he regards to be the ten worst US Supreme Court decisions of all time.  Having read hundreds of Supreme Court decisions, I have to salute Cranky

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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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