More on McCutcheon: Justice Breyer’s Dangerous Ideas on Free Speech

Two blog posts on the Supreme Court's McCutcheon decision deserve mention and praise for the way in which they highlight disquieting themes in Justice Breyer's dissenting opinion. The first is this one by legendary First Amendment lawyer Floyd Abrams, who has spent a laudable lifetime working to leave the state of First Amendment jurisprudence better than …

In Praise of McCutcheon

The Supreme Court has come down with its ruling in McCutcheon v. FEC, eliminating all limits on campaign contributions on the theory that such limits constitute an unjustifiable infringement on First Amendment-protected speech. Predictably, there is a great deal of Sturm und Drang about the Court's decision, but as a First Amendment-absolutist, I am quite …

The Best Supreme Court Brief in the History of Ever

It is found here, and the background to the case can be found here. I am glad to see that P.J. O'Rourke is finally writing amicus briefs; what took him so long to getting around to doing so? In all seriousness, as Ilya Shapiro's blog post suggests, there is an exceedingly important principle at stake …

The Latest Attack on Darwin

I have written in the past on what I think that creationism offers the educational experience; namely, nothing. In my blog post, I noted that "the Supreme Court’s holding in Edwards v. Aguillard tells us that teaching creationism as a way of explaining the actual origins of the Earth is contrary to the First Amendment." In order to …

Quote of the Day

Sadly, what happened in New London is not unusual. Economic development and “blight” condemnations often end up destroying more development than they create. Kelo generated an unprecedented political backlash across the political spectrum. In its wake, some 45 states have passed eminent domain reform laws. Some of the new laws represent genuine progress, but many others only pretend to do so. The …

Of Enforced Unionization and First Amendment Violations

An excellent editorial on the subject by George Will. There is no cognizable state interest whatsoever in forcing public sector workers into unions, and the only reason that this is happening--as Will points out--is that the power of unions has been dramatically diminished. I recognize that this upsets unions--and the Democratic party--but their discomfort is not …

In the Event You Still Believe Blogs Are Inconsequential . . .

SCOTUSblog should disabuse you of your notions. Tom Goldstein now wants the blog to be treated as is any other member of the press corps, and for my part, I endorse his message. To be sure, Goldstein does indeed wear many hats, but given that his obligations as an attorney would compel him to act more …