February 25, 2018

Utah AG Reyes Follows a Measured and Professional Stance on Marriage Licences

Belying the false narrative that Governor Gary R. Herbert is invalidating marriages, Utah Attorney General Sean D. Reyes has advised county clerks to issue all marriage certificates applied for prior to the stay (full statement at the bottom). This reiterates what I said earlier this week: the Governor’s directive to state agencies is not to invalidate marriages, […]

The “individual mandate” is a “tax.” Voters are not noticeably relieved.

The government devoted 21 lines of its brief to argue that § 5000A was a tax, and it’s longest statement on the issue at oral arguments was 50 words.

What happens in the bedroom, stays in the bedroom…unless you open the door.

You tell me what to think. We’re in the midst of a culture war over gay marriage, with some states passing amendments defining traditionally and others opening it up to gay and lesbian couples. California is still recovering from the Proposition 8 battle, and indeed, that case is still up on appeal. Meanwhile, the polygamists […]

Wisdom, via Oliver Wendell Holmes, Jr.

Today, a couple pieces of wisdom from the always quotable Justice Oliver Wendell Holmes, Jr., a man who made the ‘stache look good: I always say that I regard legislation like buying a ticket to the theatre; if you are sure that you want to go to the show and have the money to pay […]

And the funniest guy on the Supreme Court is…

All work and no play makes Jack a dull boy. And Chief Justice Roberts has taken that to heart. On Monday, while the Supreme Court was taking oral arguments and handing down opinions, the Chief took several opportunities to poke fun and to shoot off a witty question. After handing down a unanimous opinion rejecting […]

Life at 133 questions an hour; or, do the Supremes really care what the lawyers think?

Curiously, to many, Justice Clarence Thomas rarely asks questions during oral arguments at the Supreme Court. If at all. Here’s a run down of his stats, as well as some other interesting numbers related to questioning by Supreme Court Justices (according to Constitutional Daily): 5 – Years Clarence Thomas has gone without asking a question […]

Precedent for Presidential Refusal to Defend Statutes the Administration Believes to be Unconstitutional

Initially I questioned the Obama Administration’s refusal to defend DOMA. On reflection, however, there may be precedent for their actions. Ilya Somin points out several precedents in both Republican and Democratic administrations that support the premise that the President may be justified in not supporting legislation he deems unconstitutional. During the Eisenhower, Kennedy and Truman […]