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Archive of Articles in the "The Supreme Court" Category

Friday Talking Points [262] -- War On Women Continues Apace

[ Posted Friday, June 14th, 2013 – 16:37 UTC ]

Last week, Republicans seem to have decided that the whole "autopsy" business after they got beaten so badly in the 2012 elections was just hogwash, and that they should double-down on their demonization and scapegoatery efforts. The "Plum Line" blog over at WashingtonPost.com has a good rundown (although now that the site is disappearing behind a paywall, I may have to reconsider linking to its articles in the future).

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Cautiously Optimistic On Gay Marriage

[ Posted Monday, June 10th, 2013 – 16:58 UTC ]

The Supremes could surprise me, of course -- they've certainly done so in the past, on many occasions. It's a lot tougher to pick outcomes on the Supreme Court than it is to, say, pick who is likely to win an election. Only nine people get to vote, after all, and they don't answer public opinion polls in the meantime. But I have a strong suspicion that the Supreme Court is going to try to kick the political can down the road a bit.

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Friday Talking Points [261] -- Rest In Peace, Fourth Amendment

[ Posted Friday, June 7th, 2013 – 16:33 UTC ]

Every so often as I sit down to write these Friday columns, the spirit of the rant overtakes me. Instead of our usual Talking Points section this week, I offer up such a rant, on the death of the Fourth Amendment. You have all been warned. I did consider calling this rant an "Ode To Dianne Feinstein," but then I thought that was too limiting -- she certainly isn't the only one out there singing from the same hymnbook. And I certainly wouldn't want to have anyone feel left out.

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From The Archives -- HAL 9000 Meets Big Brother?

[ Posted Thursday, June 6th, 2013 – 15:59 UTC ]

I realize that the news Glenn Greenwald just broke on the National Security Agency glomming onto the records of everyone who made a phone call through Verizon is what I really should be commenting on today, but then I realized I had written an article a long time ago which is germane to this debate. Back in August of 2007, I wrote the following piece on warrantless wiretapping, which poses a few questions that have not only never been answered but indeed never even really discussed. Now, I realize that the situations between now and what I was commenting on then are not clearly parallel, since actual wiretapping (recording or analyzing the content of phone calls) is different (and much more intrusive) than merely accessing the records of who called what phone (which is what apparently happened with Verizon). But the wider picture brings up the same basic question this article asks: should vacuuming up all available data and then weeding it out with computers be legally-admissible evidence in a court of law? So I thought it was worth re-running this column today to examine an aspect of governmental communications intercepts that never seems to get talked about.

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Obama Should Admit Defeat On Morning-After Pill

[ Posted Wednesday, June 5th, 2013 – 17:08 UTC ]

President Obama should really stop fighting against the idea of making the morning-after pill available to anyone who needs to buy it. He really should instruct Health and Human Services Secretary Kathleen Sebelius and Attorney General Eric Holder to admit defeat on the issue, and to just move on. Because what he's fighting for, ultimately, is his own political hypocrisy. Politically, this should be reason enough to throw in the towel on this fight.

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Friday Talking Points [260] -- So You Think You Can Rant?

[ Posted Friday, May 31st, 2013 – 16:25 UTC ]

"You know, after watching the popularity arc of such Tea Party favorites as Sarah Palin and Michele Bachmann, I can't help but wonder why they don't just skip over what appears to be the hardest part of becoming famous for them -- the part about serving in office. Why not just go straight towards being a media darling on the Right? The Fox network could get in on the action in a big way, and broadcast a reality show once a year to search the nation for the next Tea Party superstar. They could call it 'So You Think You Can Rant?' and hire Palin, Bachmann, and Donald Trump to be judges. I bet it'd be a ratings smash, personally."

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What I Would Have Said To Eric Holder

[ Posted Wednesday, May 29th, 2013 – 17:29 UTC ]

Mister Attorney General, the reason I have such a problem with issuing warrants or subpoenas for news reporters is because I am aware of the history of the laws being used to do so. I have a hard time believing that you or your boss (a former constitutional professor) are completely unaware of these precedents in American history, but I haven't heard anyone else mentioning them, so I thought it fell to me to bring them up.

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Unpacking The Court

[ Posted Tuesday, May 28th, 2013 – 17:00 UTC ]

In one of their stunning (but regular) "up is down" leaps of illogic, the Republican Party is charging President Obama with "court-packing." In reality, they're just miffed that a Democrat is going to exercise his constitutional authority to appoint judges in the regular order of things. To call such actions "court-packing" is nothing short of laughable, to be blunt. In fact, the only hinkey business afoot is coming from Republicans themselves on the issue.

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Friday Talking Points [259] -- Pivoting To Other News

[ Posted Friday, May 24th, 2013 – 17:21 UTC ]

Some weeks, not much happens in political news, and other weeks it seems like almost too much happens. This was one of the latter types of week.

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The Boy Scout's Gordian Knot

[ Posted Thursday, May 23rd, 2013 – 17:27 UTC ]

Boy Scouts, traditionally, have been associated with the tying of knots. Knot-tying has always been a part of scouting, and even today just about any Boy Scout would be able to tell you the difference between a square knot and a granny knot. But today, the Boy Scouts seem to be attempting to unravel a Gordian knot, instead.

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