Dobbs Will Have “Grave Consequences”

According to health care professionals, academics, and Forbes. The American Medical Association wrote in a statement Friday it is “deeply disturbed” by the decision, which it called an “egregious allowance of government intrusion into the medical examination room,” while the California Medical Association said it “undermines decades of progress in health care for pregnant people,” adding it is a […]

An Historian’s Thoughts on The Founders and The Second Amendment

The sentence is weak. The weakness is deliberate. Madison couldn’t afford, on the one hand, to let the amendment seem to contradict the hard-won federal military power in the Constitution’s main body. He couldn’t afford, on the other hand, to underscore too strongly for the states’ comfort the overwhelming nature of that federal power. The […]

Shaky Ground

Another perspective on the coming decision in Dobbs after the #BigLeak. … we will all wake up one day this summer and experience a fundamental right being pulled out from under our feet. We will feel powerless, lied to, vulnerable, and angry at just how fragile our rights can be. New York Review article by […]

Theories On The Leak From People Who Actually Have The Background To Speculate

The leak will ultimately pale in importance to the court’s decision once it is issued; the ruling will directly affect the lives and rights of tens of millions of people. But in the meantime, the motives of the leaker are an important topic because they help explain why an institution that zealously guards its secrets […]

I Only Want To Be With You (Hall v. Wilmington Health)

A North Carolina appellate court recently ruled that civil litigants need counsel physically present when they are deposed. This wholesale ban on personal attendance of Defendant’s counsel at depositions of its own employees and witnesses presented the constitutional issue Defendant asserts in this appeal and was not supported by existing law, emergency orders, or evidence. […]

In Defense of Jury Trials

The Jury consequently invests the people … with the direction of society.             Alexis de Tocqueville, Democracy in America Yesterday, Sen. Sheldon Whitehouse (D-RI) used a lot of his time during the Ketanji Brown Jackson nomination hearing to champion the Constitutionally protected 7th Amendment right to a jury trial. He argued that SCOTUS, the Chamber of […]

The Felt Necessities of Time (#OWH)

Judge Katanji Brown Jackson, prematurely referred to as KBJ here, is being feted at Congress this month after her SCOTUS nomination. Much is made of her being the first black woman nominated. But she would also be the first public defender appointed in a generation or two. At her press announcement, she name-checked my favorite […]

Happy Day, George Washington!

So continues our calendar run of Founder and President Birthdays. “I heard the bullets whistle, Washington proclaimed, “and, believe me, there is something charming in the sound.” George Washington in the Cumberland Gap during the Wilderness Expeditions, 1748. The cherry tree story may be fake news. Here is a link to a post from 2018 […]