Eric Citron, in a comment on SCOTUSblog this morning noted “Among Indian law lawyers, particularly those who represent tribes, there is a dark joke that the “real Indian canon” is that the Indians always lose. The reason is often the kinds of concerns about consequences that this opinion rejects. That might mark the real sea … Read more
The biggest loser today at the Supreme Court was Attorney General William “Coverup” Barr. His career-long advancement of an imperial presidency under the unitary executive theory, asserting that the president is above the law and not answerable to Congress or the courts, was soundly rejected by the Supreme Court in defense of constitutional separation of … Read more
First Amendment religious liberty was intended to be a shield from government control over religion in response to the state religions of Europe, and the centuries of sectarian conflict from which many colonists had fled Europe. The government was prohibited from establishing a state religion, and all religions were free to exercise their beliefs. But … Read more
Most Americans probably thought this was already a long-decided issue from their grade school civics classes, but there is always someone out there seeking to overturn or reinterpret norms and accepted law under the Constitution. Slate legal analyst Mark Joseph Stern reports on today’s Supreme Court decision of note. The Supreme Court Declined An Invitation … Read more
This morning the Supreme Court issued orders from the justices’ private conference on Wednesday. Five cases were granted cert for the next term beginning in October, but the one grant of notable interest is the appeal to decide whether the Department of Justice must disclose secret grand jury materials from Special Counsel Robert Mueller’s investigation to … Read more