What Could Happen with Same Sex Marriage at the Court?

The Supreme Court will likely render its opinion in Obergefell v. Hodges on Monday, June 29. The Court will answer two questions, commonly referred to as the marriage question and the recognition question: (1) does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? and (2) does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state? There are a few possible outcomes (remember, the Sixth…

Diversity and the Supreme Court, an Alternate Perspective

I usually don’t expect myself to agree with Dahlia Lithwick, who provides commentary on the Supreme Court for Slate Magazine.  But when I read her article The 2014 Supreme Court: An Ivy League Clan Disconnected From Reality, I wanted to stand up and applaud. Here’s are some excerpts: [H]aving covered the Court for 15 years, I’ve come to believe that what we’re seeing goes beyond ideology. Because ideology alone would not propel the justices to effect such massive shifts upon the constitutional landscape, inventing rights for corporations while gutting protections for…

Burwell v. Hobby Lobby: What it Is, and What it Ain’t [Hub Debate]

  With the Supreme Court ruling 5-4 in Burwell v. Hobby Lobby on Monday, finding  that for-profit employers with religious objections can opt out of providing contraception coverage under Obamacare, our debate topic is set: did the Supreme Court get it right? Or wrong?    I have thought long and hard how to approach today’s Burwell v. Hobby Lobby (i.e., the Religious Freedom Restoration Act challenge to the Affordable Care Act’s contraceptive/abortifacient/sterilization mandate (Mandate)). I have written on various aspects of this subject before, but I wanted to really get at what this case is about.…

The Supreme Court Thinks It Can Decide Which Religious Beliefs are Important [Hub Debate]

With the Supreme Court ruling 5-4 in Burwell v. Hobby Lobby on Monday, finding  that for-profit employers with religious objections can opt out of providing contraception coverage under Obamacare, our debate topic is set: did the Supreme Court get it right? Or wrong?  The Supreme Court’s decision in Burwell v. Hobby Lobby is problematic, but given the court’s current composition, and its track record on corporate issues, it was not unexpected. As in most cases, the justices aren’t idiots (even the ones I usually disagree with), so the majority decision isn’t a gross miscarriage…