I’ll be writing on this issue for ACSblog, but I wanted to at least jot this idea down today. In his concurring opinion, Justice Thomas indicates that he might have struck down the abortion ban for exceeding Congress’s power under the commerce clause. Justice Scalia joined Thomas, but perhaps only on the grounds […]

Crossposted from ACSblog, the blog of the American Constitution Society, where I am an Editor at Large.
Arizona’s “most dangerous prisoner” is a rapist, a kidnapper and a murderer. His prison record alone includes multiple abhorrent acts of violence with improvised weapons. But while it may be impossible to have sympathy for Robert Comer, […]

Geoffrey Stone, guest blogging chez ACS:
The Justice Department’s audit of the NSL program reveals, once again, the profound difference between government by executive decree and government by checks and balances. From 2003 to 2005, the FBI issued more than 140,000 NSLs. Although the FBI is required by law to report its use of this authority […]

The attorney for a former Baptist church leader who had spoken out against homosexuality said Thursday that the minister has a constitutional right to solicit sex from an undercover policeman.
The Rev. Lonnie W. Latham had supported a resolution calling on gays and lesbians to reject their “sinful, destructive lifestyle” before his Jan. 3, 2006, arrest […]

As a law student I am exposed every day to new areas of our legal system. It is a truly powerful tool–arguably the foundation of our society. However, with each new doctrine and epiphany I am forced to remember our system’s shortcomings: its costs, its potential for abuse, and its selectiveness. Of […]

I wish there was another way to describe this ruling, but there isn’t.
ANNAPOLIS, Md. — An appellate court said Maryland’s rape law is clear — no doesn’t mean no when it follows a yes and intercourse has begun.
A three-judge panel of the Court of Special Appeals Monday threw out a rape conviction saying that […]

President Bush doesn’t get the New Jersey Supreme Court decision requiring the state to grant equal legal rights afforded to heterosexual married to same-sex couples. The NJ decision does not require the state legislature to legalize gay marriage, but they will be required to codify equal rights under the law.
“Yesterday in New Jersey, we had […]

via Glenn. Reposted because it matters:
Last week, Padilla’s lawyers filed a Motion to Dismiss the Indictment against him on the grounds that the Government has engaged in outrageous conduct — specifically, that they tortured him for the 3 1/2 years he remained in captivity, particularly for the almost 2 full years that they denied him […]

Hamdan v. Rumsfeld was a landmark case that drove the White House to finally bow down to the power of the legislature before screwing it into submission with the help of McCain (who managed to outlaw rape of prisoners but not of Congress). Throughout the affair, though I was shocked and upset by the […]

I looked up the bill I discussed below. Interestingly, Professor Erwin Chemerinsky’s opinion of the bill, as expressed in his Post editorial, is the opposite of the drafters’ stated intention.
In his article, Chemerinsky states that the bill, which prevents victorious plaintiffs in freedom of religion suits from collecting attorney’s fees, is designed […]