Tag / SCOTUS

    Loading posts...
  • Elonis v. United States: When Are Threats Free Speech?

    “Fold up your [protection from abuse order] and put it in your pocket Is it thick enough to stop a bullet?” So wrote Anthony Elonis after his wife left him in 2010. Elonis took to Facebook with the pseudonym “Tone Dougie” to create rap lyrics laced with expletives in what he termed “therapeutic” writing. These…

  • The Supreme Court Rules for Politics

    Late last month, the Supreme Court handed down two huge decisions in the cases of Obergfell v. Hodges and King v. Burwell , respectively legalizing gay marriage nationwide and saving the Affordable Care Act. But in each case, the reasoning behind the majority’s decision was highly questionable. Both cases represented a continuation of a disturbing…

  • Why Roberts Still Won

    It wasn’t supposed to happen like this. Justice Kennedy was supposed to be “the decider”, according to the cover of this week’s Time. Not Roberts, not the conservative workhorse Republicans love and Democrats love to hate. Yet there it is; 59 pages in which Chief Justice Roberts upheld the most liberal social reform since the…