Stare Decisis and The Problem Of Encouraging Lying

Are we supposed to believe that the Justices who have signed on to the draft opinion shouting that Roe was “always” “egregiously wrong” – since it was decided in 1973 (almost fifty years ago) – were truth-telling during their confirmations when they praised Roe as “important” precedent that they’d never really thought about? If so, […]

The Ambassador Club (For St. Patrick’s Day)

The year was 1951. According to Myrtis Smith, they were running numbers and gambling down at Ambassador Billiards on Avery Street. Bob Null, the Justice of the Peace, dutifully took the complaint, carefully transcribing Myrtis’ words: “something that happened in her family in relation to the losing of some money” by her husband, Emerson. Null […]

Mizrahi May Be Dead In Florida (why that is great for families of medical malpractice victims)

For decades, families of medical malpractice victims in Florida have suffered without a remedy under an unfair law that treats them differently from other grieving families. Florida’s wrongful death act exempts negligent health care providers from righteous claims that would exist if anyone else caused their parent’s death. The pain they experience is no different […]

Shkreli’s Quality Fraud (is not a one-off)

This legal concept is used by the Department of Justice to recover lost, wasted, or stolen money in the health care market. In 2016, I blogged about it in the context of prescription drug costs right here. I was watching a Netflix show last night and Martin Shkreli (played by an actor) made an appearance […]

Watch Their Feet

All that you’ve loved is all you own Tom Waits There’s a saying that all you need to determine someone’s priorities is to see their budget. The judicial corollary to that is majority opinions. Don’t tell me what you’re for in an opinion you write for the dissent, tell me in an opinion where your […]

So Now We Have Book Burners (Again)

Book burning is all the rage again on the right. We’ve been here many times before. I try to keep my position consistent: censorship in the name of political or moral correctness (however you individually perceive it) is a mistake. As he stood before the small group of (almost entirely male) students at his alma […]