Tag: SCOTUS
Replacing RBG: A Lesson in Politics

Supreme Court Justice Ruth Bader Ginsburg’s death on September 18, less than two months before the upcoming presidential election, set off a major political controversy. Democrats argued that the appointment of her successor should wait until after the election and be made by the winner of the election. Most (but not all) Republicans argued...
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Masterpiece Cakeshop and the Hidden Tolerance for Gay Rights

The law has limits to changing hearts and minds.

“The Slants” Win on Free Speech

In Matal v. Tam, the Supreme Court handed down an important First Amendment decision. This case dealt with a band’s application for federal trademark registration of the band’s name, “The Slants.” The Patent and Trademark Office (“PTO”) denied the application based on 15 U.S.C. 1052(a), which prohibits the registration of trademarks that may “disparage ....
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Trinity Lutheran and a Response to Michael Stokes Paulsen and NRO

On May 3, The Wall Street Journal posted a short op-ed I wrote on the Trinity Lutheran case. (Sorry, but the op-ed is behind a pay wall; however, here is a blog post that gives some background to the case and my first impressions.) Professor Michael Stokes Paulsen, alleging I was “wrong on every...
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