I’ve been reading the briefs in FCC v. Fox (petitioner, respondent, petitioner’s reply) and its been hard for me to take any of these suits seriously. They’ve tried with difficulty to codify profanity and ‘obscenity’ but perhaps Justice Douglas was right when he said pornography , My favorite balancing test came from Judge Level of [...]

The Court heard oral arguments on Tuesday in Herring v. US, a case that revolves around whether or not the exclusionary rule applies in scenarios where there is an error made by the police. Plaintiff was arrested after police where mistakenly notified that a warrant was out for his arrest. The warrant had been withdrawn [...]

The Court convened Monday to begin the new term and first heard oral arguments in Altria Group v. Good. The case revolves around whether or not federal labeling regulations on the use of ‘light’ or ‘low-tar’ cigarettes preempts state deceptive advertising claims. Theodore Olsen opened arguments on the day on behalf of the tobacco companies [...]

The Supreme Court is scheduled to hear its first case of the new term on Monday, October 6. The first case of the day will be Altria Group and Phillip Morris v. Good, a case that centers around whether a suit filed by the state of Maine against Phillip Morris and others for deceptive advertising [...]

All of this John Edwards business has got me thinking about early voting. I am registered to vote in Texas, where Election Codes 81.001 and 82.005 specify that I can ”vote early” – up to seventeen days before any federal election. Say, hypothetically, that John Edwards had rallied for a victory in South Carolina and [...]

Now, for Heller: Affirmed, quite naturally. Wow! It came down 5-4, with none of the traditionally ‘liberal’ Justices joining the pro-gun rights majority. Scalia must have written an incredibly strong majority opinion and the ‘conservatives’ must have been unwilling to budge. Opinions are straight 5-4, one majority and two dissent. No concurring, partials. I’m surprised [...]

The Supreme Court is set to release DC v. Heller and two other cases this morning. The cases will be announced between 10:00am and 10:15am EST, and the opinions will be online minutes later. I’ll be posting my initial thoughts and opinions here, and I’ll be linking to others around the ‘net as they do [...]

Law blogs (or blawgs, if you’re a silly person) are going absolutely nuts over the impending Heller decision. Over at Volokh, the everawesome (and possibly evergreen) Professor Kerr has a post telling everyone to come back tomorrow and one commenter asks: On what day of the term was Brown v. Board of Education released? This [...]

Justice Kennedy’s majority in Kennedy v. Louisiana is an interesting, albeit frustrating one. He sets out to splatter every argument he can against the wall in the hopes that at least a few will stick. Whether or not he succeeds is up to the reader and more importantly, future generations of Supreme Court Justices who [...]

The Supreme Court today handed down a series opinions on the penultimate day of the term. Major thanks should go to SCOTUSblog for getting these opinions online minutes after the Court announces them. I’ll eventually change the links to redirect to the Supreme Court’s website, but thanks go to SCOTUSblog for letting us read the [...]



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