Category SCOTUS
Textualism is not Strict Constructionism is not Originalism
As President Donald Trump prepares to appoint a second Supreme Court justice, the national dialogue has been saturated with gossip over what judicial philosophy the next nominee might bring to the bench. For legal nerds, SCOTUS nominations are what the World Cup is to soccer fans: the one time everyone else cares about your passion. […]
Cutting Justice Kennedy’s Collapsing Cake
[Editors’ Note: Friend of the blog Justin Burnam got into the oral argument for Masterpiece Cakeshop yesterday. We’re pleased to be able to host him here for his reflections.] The Supreme Court yesterday heard oral argument in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. Outside the courthouse, two energetic crowds—each replete with signs, flags, and booming […]
“Just Compensation”: A Tale of the Dirt Farmer and the Island Owner
Eminent domain—It is a term evocative of aristocracy from a bygone era, one that should be written in gilded script that graces an old regal manuscript. This word association is perhaps accurate given what the term represents in legal parlance: the government’s ability to expropriate the territory of its citizens. In the United States, this […]
Forgotten Chief: William Cushing & the End of Slavery in Massachusetts
On September 13, 1810, William Cushing passed away in Scituate, MA. Cushing had served his nation in a number of important and prestigious roles: Chief Justice on the Supreme Judicial Court of Massachusetts during the Revolution, one of the six original Associate Justices of the Supreme Court of the United States (where he served for […]
Least Dangerous Blog 