thomas

Thomas Stays the Course, Scalia Returns to the Fold

A bit lost in last week’s legal news regarding a majority of states now suing over Obamacare, the House voting to repeal Obamacare, and the anniversary of Citizens United, was the first interesting Supreme Court decision of the term.  Most notably, Justices Scalia and Thomas continued their valiant struggle to limit the scope of the constitutional misnomer that is “substantive due process” doctrine.

The Use and Misuse of Foreign Law in U.S. Courts

On Tuesday I discussed the Supreme Court’s decision to strike down laws that allow juveniles to be sentenced to life without parole (LWOP) for non-homicide crimes.  What concerns me here isn’t so much the morality or policy wisdom in applying such sentences – though Chief Justice Roberts makes some good policy points in his concurrence – or even the interpretation of what constitutes a “cruel and unusual punishment” – which I think Justice Kennedy mishandles in a confusing

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