It is rare that an opinion piece provides me with three distinct issues to address in separate posts. A piece at Capegazette.com, which “covers Delaware’s Cape Region” does just that. The first post about this piece addressed “givings” vs. takings. The second post addressed private vs. public property rights. This post looks at the author’s…
In late July, two professors issued a call for dictatorship. In an open letter to President Biden, Harvard law professor Mark Tushnet and San Francisco State University political scientist Aaron Belkin urged the President to restrain MAGA [Supreme Court] justices immediately by announcing that if and when they issue rulings that are based on gravely…
In his concurring opinion in Dobbs v. Jackson Women’s Health Organization, Associate Justice Clarence Thomas said that the Court should reconsider other due process cases, and he implied, let the states become theocracies. In doing so, Clarence Thomas announced to the world that he is a hypocrite. In his opinion, Thomas wrote, “In future cases,…
In his concurring opinion on Dobbs v. Jackson Women’s Health Organization, Justice Clarence Thomas has indicated that he would let states become theocracies. Thomas wrote, “In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.” The ruling in Griswold struck down Connecticut’s ban on contraception. In…
This is a guest post by JP Miller In late January we witnessed a brazen low point in the history of the United States. President Joseph Biden announced the retirement of Justice Stephen Breyer from the Supreme Court. He would be examining candidates with the best minds, the highest moral character and best records of…
Many are hailing the Supreme Court’s recent ruling in Cedar Point Nursery v. Hassid as a victory for property rights. While the ruling is certainly worthy of celebration, there are aspects of the majority opinion that could turn this case into a Pyrrhic victory. The case centered on a California law that allows union organizers…
A recent article on Texas Public Radio illustrates what happens when the courts abandon one of their primary responsibilities: defining legal principles. Referring to a recent case in which the U.S. Supreme Court ruled that the Constitution’s prohibition on excessive fines applies to the states, the article notes: “It’s a landmark ruling because it made…