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Constitutional Law

Coming Soon to a Public School Near you: PRAYER!

The Supreme Court handed down a landmark decision in Kennedy v. Bremerton School District on Monday, overruling Lemon v. Kurtzman, a 1971 case laying out how the government must keep its distance from religion. Just another long-standing precedent thrown out by the 6-3 conservative majority that is rolling back, at break neck speed, protections and rights long fought […]

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Constitutional Law

What is (was) the Right To Privacy?

I am not going to write directly about the Dobbs decision. There will be enough legal scholars brighter than me dissecting it over the next few months and years. Instead, I want to talk about what’s next. And that is the likely obliteration of the right to privacy as a concept. The Right to Privacy […]

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Constitutional Law

SCOTUS Erodes 1st Amendment by Allowing Public Money to Go to Religious Schools

The Bill of Rights begins with this first sentence of the First Amendment: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The first phrase is known as the Establishment Clause and the second as the Free Exercise Clause. For centuries, when these two clauses were in conflict, […]

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Constitutional Law Criminal Law

SCOTUS Just Made it Easier to Execute the Innocent

It should be clear by now that we are dealing with a SCOTUS bench that does not place great weight on individual rights and especially on the rights of the accused. Today in Shinn v. Martinez, a 6-3 (guess who) SCOTUS decision made it even harder for an incarcerated individual claiming innocence to be heard […]

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Constitutional Law

SCOTUS Likely to Side with Coach in School Prayer case

Listening to the oral argument today in the case involving Coach Joseph Kennedy from Bremerton Wash. I can read the writing on the wall. A door is going to be opened in the solid wall that prohibits prayer in schools. To me, the US Supreme Court’s conservative majority seemed to be searching for a way […]

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Constitutional Law

SCOTUS Gives Students Big Win in 1st Am. Case

The Supreme Court ruled in favor of a former high school cheerleader who argued that she should not be punished by her public school for posting a profanity-laced caption on Snapchat when she was off school grounds. The case involving a Pennsylvania teenager was closely watched to see how the court would balance the free speech rights […]

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Constitutional Law Criminal Law

SCOTUS Decision on Juveniles is Harsh and Wrong on Many Levels

Where to begin with a discussion on SCOTUS’ 6-3 decision in Jones v. Mississippi that effectively reinstated Juvenile Life Without Parole (JLWOP or LWOP hereafter)? Do I point out that its author Brett Kavanaugh wept crocodile tears before Congress about how mean they were to hold him accountable for actions and indiscretions he did as […]

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Constitutional Law Employment Law

SCOTUS dissent is message to reverse Church/State law

The Supreme Court deciding not to hear a case is a regular occurrence. Getting SCOTUS to hear a case is exceedingly hard, and as Chief Justice, John Roberts has shrunk the Court docket to 1960s numbers. But what seems like a quiet little denial of certiorari yesterday is actually a not-so-cryptic message from the right […]

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Constitutional Law

Dustin Higgs’ Execution Was Wrong and What Sotomayor Had to Say About it is Right.

The Supreme Court allowed the execution of  Dustin Higgs late Friday, making Higgs the thirteenth person to be killed by the federal government since July. Since July. And after seventeen years without a single federal execution. Higgs’ execution was a miscarriage of justice for a number of issues. First of all, he was suffering from covid-19 […]