Tag Archives: SCOTUS

SCOTUS misreading history

While I am talking about the recent Defense of Marriage Act (DOMA) case, United States v. Windsor, I am not going to presume to tell the Supreme Court of the United States (SCOTUS) how to do US constitutional law. History is another matter. In the majority decision, written by Kennedy J, the following (pdf) appears: It […]

A chicken in the sex class

Apologies for the distinctly pomo headline, but it actually goes some way to highlighting the salient points in the latest gay rights stushie to engulf the United States. Yes, the chicken in the sex class stushie started simply enough… with (and in) a fast food chain. Playing chicken The fast food chain in question is […]

Bork on anti-trust – Guest post by Joseph

[SL: Joseph is an occasional poster and regular lurker on skepticlawyer, a PhD graduate in Economics from the University of Queensland, and a trader with Nikko. And as you all know, we often use the expression ‘Borked’ around the place to describe something terminally and utterly… borked. Robert Bork, however, is a real person, once […]

Background of judges

The appointment of judges in the common law adversarial system is always a controversial issue. There is a tendency for governments to choose appointments who are perceived as sympathetic to their political cause. This tendency is not confined to the more progressive governments, either, despite the fact that howls of “tokenism” seem to be louder […]

Crabs in a bucket

In comments on my post on Michael Jackson, Su mentioned the “crabs in a bucket” syndrome that affects race relations in the US – the notion that those who were trying to escape from bad circumstances undermined others in the same predicament to further their own escape. Such a vivid metaphor for anyone who has […]