Posted on July 5th, 2010 by Daniel McCarthy
My friends at the Front Porch Republic see dire consequences arising from the Supreme Court’s recent Christian Legal Society v. Martinez ruling, which affirmed a circuit court decision that permits Hastings College of Law (part of the University of California system) to deny recognition to student groups that refuse to abide by the school’s nondiscrimination [...]
Filed under: academia, law
Posted on May 31st, 2006 by Daniel McCarthy
Surprise, surprise — Roberts, Alito, Scalia, and Thomas, plus fellow (but unreliable) Republican Anthony Kennedy, have decided to hand Bush a major victory in his campaign to silence whistleblowers (though the particular case in question had to do with an LA county official, the precedent is one that's sure to make the president very happy [...]
Filed under: law
Posted on May 12th, 2006 by Daniel McCarthy
Sometimes I think my criticisms of the conservative mainstream are a little too sour. But then I read something like this and realize I don't go nearly far enough: Conservatives need to win in the courts, and we have a much better shot at doing so by embracing the living Constitution and other legal approaches [...]
Filed under: Books, Ideology, law, Politics
Posted on April 10th, 2006 by Daniel McCarthy
A friend brings to my attention this Slate article by Radley Balko about no-knock police raids and "the most important Supreme Court case you've never heard about." Quick excerpt: It's impossible to estimate just how many wrong-door raids occur. Police and prosecutors are notoriously inept at keeping track of their own mistakes, and victims of [...]
Filed under: law, Liberty
Posted on March 24th, 2006 by Daniel McCarthy
If Thomas, Scalia, and Roberts had had their way, our Fourth Amendment rights against warrantless searches would have diminished earlier this week. This editorial from the Roanoke Times is a little crude, but get the principle right. And this part puts the “conservative” justices’ argument in a nutshell: The court Wednesday ruled 5-3 that police [...]
Filed under: law, Liberty
Posted on March 21st, 2006 by Daniel McCarthy
RNC chief Ken Mehlman seems to be trapped in the closet of 1993. In a piece about the disarray of the Republican agenda — at this point, what can the GOP say beyond “vote for us: better the devil you know!” — the Washington Post quotes Mehlman as saying, “you’re going to have a clear [...]
Filed under: law, Politics, Social criticism
Posted on March 17th, 2006 by Daniel McCarthy
Joe Sobran makes a good one: I have no dog, or bitch, in this fight [between Anna and E. Pierce Marshall], and I am trying to be strictly impartial. Marshall has a strong legal case, but his stepmother can pose two commonsense questions, both of which will be hard to rebut: Why do you think [...]
Filed under: law