Category: Judicial activism

#LoveWins — A Supreme Court Romance *UPDATED*

Sometimes the best romances come from unexpected sources.  There are frustrated souls, living desiccated, dull lives who, through their writing, can explore their deepest unrealized fantasies. Such is the case with Justice Kennedy’s decision in Obergefell v. Hodges.  It is littered with burning, passionate phrases that transform an ordinary Supreme Court opinion into

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Thoughts about the Supreme Court’s same-sex marriage decision and an open thread *IMPORTANT UPDATES*

As you all know, the Supreme Court this morning issued a 5-4 decision, authored by Anthony Kennedy, finding a hitherto hidden right to same-sex marriage in the American Constitution.  I have not yet read the decision, but nevertheless I have a few points to make regardless of the reasoning that

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The Bookworm Beat 3-5-15 — “I’m still standing” edition and open thread

Last year I had virtually no work; this year, if the pace keeps up, I’ll be working almost full time. Frankly, I preferred no work. Fortunately — and the lawyers amongst you will appreciate this — I’m getting access to Westlaw again, and won’t be trapped in Lexis hell. When

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The DOJ’s claim that communications between Mr. and Mrs. Eric Holder are privileged reminds me of a sleazy attorney I once knew

Since you’re all very well-informed, it won’t be news to you that Eric Holder’s Justice Department, in yet another effort to frustrate a Freedom of Information Act (“FOIA”) request about Fast & Furious documents, claims that Eric Holder’s communications with both his wife, a private practice physician, and his mother are

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Second and third thoughts about the ObamaCare decision, which does have some saving grace

I was driving along in the car and, suddenly, the phrase “Roe v. Wade” popped into my head.  In 1973, the Supreme Court waded into what should have been a state-by-state legislative matter, and created the most vicious 39 year fight in America since the Civil War.  One side found

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Even legal ethics opinion writers cannot resist the urge to be anti-Republican pundits

As a dues paying California lawyer, I periodically receive an email from the California State Bar offering random tidbits and squiblets of news some assumes California lawyers might find interesting.  The January edition intrigued me because of drive-by punditry that appeared in an ethics analysis of Judge Richard Posner’s latest

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