Posts Tagged ‘John Roberts’

Same-Sex Marriage: The Fight to Shape “the Next Shoe”

Judge Feldman tried to draw comfort from the fact that Windsor did not employ the magic phrases “intermediate scrutiny” or “heightened scrutiny.” I would liken that comfort to saying that it’s anybody’s game with two out at the bottom of the ninth inning when the score is 20-0.

POTUS v. SCOTUS: There Are No Rules

When, at his confirmation hearings, Chief Justice Roberts claimed his job was just calling balls and strikes, he was being disingenuous. The very concept of balls and strikes presupposes a strike zone, and constitutional interpretation is full of competing strike zones. In fact, there aren’t even reliable rules for choosing among these strike zones.

War Powers, War Lies: Part 10: Kangaroo

And here is the moral, strategic, and tactical problem: How we can expect the world to accord full faith and credit to that court’s eventual verdict when we establish and countenance tribunals that are themselves human rights violations? A question urgently worth pondering.