Conservatism without Originalism

A defense of a modest philosophy of judicial interpretation.

Prospects For Congressional Action On Guns Are As Dim As Ever

Despite the activism we’ve seen in the wake of the school shooting in Florida, it’s unlikely that we’ll see significant Congressional action on guns.

The Micro Economics of the Financial Crisis

The Financial Crisis was not a problem of macroeconomics, but a cluster of microeconomic problems all acting together.

Paul Ryan Now Has A Clear Path To Become Speaker Of The House

With the top conservative caucus in Congress acquiescing to his candidacy, Paul Ryan is largely certain to become the next Speaker of the House.

On Constitutional Language

Wherein I take the view that as our understanding of language changes, so too does our application of the Constiution.

Same-Sex Marriage Gets Its Day At The Supreme Court

A sharply divided Court heard argument today on an issue that has sharply divided the nation.

Same-Sex Marriage Suffers A Legal Setback In Tennessee

A trial court judge in Tennessee is the first jurist since the Supreme Court’s decision in U.S. v. Windsor to uphold a ban on same-sex marriage

Federal Judge Rules Ohio Must Recognize Out Of State Gay Marriages

A partial victory, but a victory nonetheless.

Same-Sex Marriage Victories Spread South To Kentucky

The string of victories for same-sex marriage continues as a Federal Judge rules that the Commonwealth of Kentucky must recognize out-of-state same-sex marriages.

The Wrath of Taft

House To Vote On Budget That Makes A Government Shutdown More Likely

The House is going to make it more likely that we see a government shutdown at the end of the month.

Did SCOTUS Just Legalize Gay Marriage in All 50 States?

Absent DOMA, the Full Faith and Credit Clause would seem to make gay marriage legal across the land.

Supreme Court Declares Gays a Protected Class

The 5-4 ruling was much more sweeping than needed to strike down DOMA.

A DOMA Confrontation was Inevitable

DOMA’s trip to SCOTUS was practically baked into the legislation.

The Debt Ceiling And The 14th Amendment

Resurrecting and old, and bad, idea.

The Debt Ceiling and the Remainder of the Fiscal Cliff

Are we really going to do this again? The answer appears to be yes.

Three States Challenge DOMA on Estate Taxes

The Defense of Marriage Act is under challenge through a unique angle: estate taxes.

Federal Appeals Court Rules DOMA Section 3 Unconstitutional

An unsurprising decision on the Defense of Marriage.

Obama: Same-Sex Marriage Should Be Legal

The same-sex marriage pivot that everyone was expecting has come.

Another Debt Ceiling Debacle Before The Election?

We may have to deal with the debt ceiling again before the November elections.

Standard & Poor’s Cites Tea Party Resistance To Debt Ceiling Increase As Factor In Downgrade

Denying the Tea Party’s role in the downgrade of U.S. debt is to deny reality.

S&P Speaks

The main issue driving the downgrade appears to be lack of faith in the political parties to act responsibly and compromise over entitlements and revenues.

Debt Deal Emerging

President Obama and Congressional Republicans have the outline of a deal to raise the debt limit past the 2012 elections.

State’s Rights Is Not The Answer To The Same-Sex Marriage Debate

Does the 10th Amendment contain the answer to the same-sex marriage debate? Not really.

Debt Ceiling Kabuki Theater Update

It hasn’t been a very productive weekend in Washington, D.C.

With President Obama’s Backing, Senate Takes Up Repeal Of DOMA

It won’t go anywhere this year, but after 15 years someone is finally trying to repeal a bad law.

Is The Debt Ceiling Unconstitutional?

Does a little known provision in the 14th Amendment make the entire debt ceiling debate irrelevant?

Is Arizona’s ‘Birther’ Bill Unconstitutional?

Arizona’s so-called “Birther Bill” seems to violate several provisions of the Federal Constitution.

Obama Administration Will No Longer Defend DOMA In Court

Huge news in the marriage equality debate today as the Obama Administration has decided not to defend the Defense of Marriage Act in court anymore.

Texas Forces Gay Couple To Stay Married

A case out of Texas demonstrates quite aptly the absurdity of the current patchwork quilt approach to same-sex marriage in the United States.

DOMA and the 10th Amendment

Yesterday’s ruling by a federal judge declaring the Defense of Marriage Act unconstitutional is likely to collapse on appeal.

Federal Judge Declares Much of DOMA Unconstitutional

A district court judge has issued a ruling that could have wide ramifications for the question of same-sex marriage.

THE GAY ANGLE

LEGAL QUERY

GAY MARRIAGE REDUX