Scotus Blog

Scalia's 2nd Amendment Punt

Robyn Blumner | Posted 05.25.2011

Robyn Blumner

The Second Amendment has always put me in a quandary, but Scalia's opinion was not an honest attempt at sorting it out. It was a sophistical, political decision of just the type that he rails against.

Musings on The Supreme Court at The End of The Session

Earl Pomerantz | Posted 05.25.2011

Earl Pomerantz

Judges, with entirely one-sided ruling records, are asked, during Supreme Court confirmation hearings, whether they can be impartial. They're not impartial. It's not even close.

DC v. Heller: Scalia's Decision Will Backfire

Adam Freedman | Posted 05.25.2011

Adam Freedman

So much for Scalia's much-vaunted "originalism," which advocates reading the Constitution as it would have been understood at the time of the Founding.

A Key Right Recaptured

Joyce Lee Malcolm | Posted 05.25.2011

Joyce Lee Malcolm

A government that cannot protect people should not deprive them of the right to protect themselves -- and the the D.C. gun ban did just that.

Score One for the Gun Guys

Jayne Lyn Stahl | Posted 05.25.2011

Jayne Lyn Stahl

While the gun lobby may crack open that bottle of champagne, this is a victory that thrives in theory, but one that, in practice, can only be condemned.

The Biggest Triumph So Far for Gun Rights Advocates

James Jacobs | Posted 05.25.2011

James Jacobs

Today's Heller decision marks the biggest triumph so far for gun rights advocates. It establishes what was for so long denied, and the the gun control debate will never be the same.

Five Years Later: Decriminalizing Gay People -- Another Reminder of the Importance of the Supreme Court

Judith E. Schaeffer | Posted 05.25.2011

Judith E. Schaeffer

Four justices did not join in the majority opinion in Lawrence v. Texas in 2003. Today, protection of the human dignity of gay men and lesbians is hanging by a slender thread on the Supreme Court.

DC v. Heller: A Dismaying Performance By The Supreme Court

Sanford Levinson | Posted 05.25.2011

Sanford Levinson

If Scalia and Stevens were competent historians, then it might be worth reading what they write. But they are not. Both offer selective readings of history to support what seem to be pre-determined positions.

The Death Penalty - A Quick Primer

Malcolm Friedberg | Posted 05.25.2011

Malcolm Friedberg

The Supreme Court's decision this morning to ban use of the death penalty in cases of child rape is consistent with its historical position on the issue.