Monthly Archives: May 2014

Sketches of Two Opinions

The Supreme Court is now in that final stretch of the October 2013 Term when it remains, after all cases have been argued, to issue opinions before recessing at the end of June. Today the Court announced its decisions in four cases, two of which I sketched below.

Justice Kennedy delivered the opinion in Hall v. Florida, ruling that an IQ score one point above the threshold should not be enough to make someone eligible for the death penalty.

And in a case where the Secret Service was sued for moving protesters opposed to President Bush further away than another group supporting the president the Court sided with the Secret Service. Justice Ginsburg had the opinion in Wood v. Moss.

Posted in Opinions, Supreme Court Tagged with: , , , ,

The Come To Jesus Court

I used to have a naive belief that the courts were there to protect the rights of individuals and minorities but a couple of recent Supreme Court decisions show how mistaken I was. Two weeks ago in Schuette, and yesterday in Town of Greece, Justice Kennedy has come to the defense of the poor put-upon, oppressed by a hypersensitive minority, majority.

In a deeply divided plurality opinion the Court endorsed prayer at town-board meetings even if they almost exclusively invoked the name of Jesus – after all the town is majority Christian – as long as they don’t ” . . . threaten damnation, or preach conversion”.

All you others, stop whining.

Garrett Epps has it very well here.

Posted in Opinions, Supreme Court Tagged with: , , , ,
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