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Politics & Policy

After Obergefell

‘Just who do we think we are?” That was Chief Justice John Roberts’s plaintive query to his five colleagues — Justice Anthony Kennedy and the four liberal justices — as ...
Politics & Policy

Murphy’s Law

Anything that can go wrong will go wrong: So goes Murphy’s Law. And so demonstrates another Murphy, Lafayette College professor Bruce Allen Murphy, in his new biography of Supreme Court ...
Politics & Policy

Federalism and Marriage

When supporters of same-sex marriage attack the federal Defense of Marriage Act, they invoke purported federalism concerns about the authority of the states to regulate marriage. But when they sue ...
Politics & Policy

The Activism to Come

Presented the gift of two Supreme Court seats to fill in his first 15 months in office, Barack Obama appointed liberals Sonia Sotomayor and Elena Kagan. Given their relative youth ...
Politics & Policy

The Blankest Slate

In announcing his decision to nominate Elena Kagan to the Supreme Court, President Obama hailed Kagan’s supposed choice of the Citizens United campaign-finance case as “her very first case to ...