In his dissent in Obergefell v. Hodges CJ Roberts writes: Stealing this issue from the people will for many cast a cloud over same-sex marriage, making a dramatic social change that much more difficult to accept. That seems quite unlikely.… Continue reading

Here is my list of the key unanswered questions in Obergefell v. Hodges.: 1. What level of scrutiny applies to claims of discrimination against LGBTQ people unconnected to the marriage question? 2. How is the Court to resolve the… Continue reading

Today is a day to celebrate the right to same sex marriage recognized by the Supreme Court in its 5-4 decision in Obergefell v. Hodges. It is a remarkable achievement considering where the country was two decades, and one… Continue reading

I read a lot of Justice Scalia opinions to write The Most Sarcastic Justice, and I have to say I really enjoyed reading those opinions—they were pithy, smart, insightful and blunt. Much more fun than say, reading a Breyer… Continue reading

I found this statement in Justice Alito’s dissent in the Fair Housing case to be curious: The Court also stresses that “many of our Nation’s largest cities—entities that are potential defendants in disparate-impact suits—have submitted an amicus brief in… Continue reading

Josh Gerstein rounds up angry conservative reactions to the Obamacare ruling. And of course they are angry. But let’s put this into context: on racial issues, on campaign finance, on states’ rights, abortion, Roberts is still very, very conservative. He… Continue reading

The latest from AP’s Mark Sherman: Supreme Court justices’ annual reports on investments, paid travel and other financial matters remain shielded from public view more than five weeks after they were filed. For the first time since John Roberts… Continue reading

National Journal: June has brought a new, unwelcome routine for Mary Jo Pitzl, a political reporter for the Arizona Republic. Her beat includes congressional redistricting, the subject of a major Supreme Court decision three time zones away that has… Continue reading

Tony Mauro: Release of opinion announcements is an especially prickly issue with the justices. The announcements are summaries written by the justice who wrote the majority, and the other justices in the majority don’t sign off on the wording.… Continue reading

It’s the most wonderful time of the year.