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, […]

Mudlarks United

I watched the American Bar Association’s recommendation of Judge Ketanji Brown Jackson’s nomination to the Supreme Court. It all made sense. She’s highly qualified. We can all celebrate that she served as a public defender, tried civil rights cases, and served as a trial judge before being elevated. These are qualities that are historically underrepresented […]

Gimme Back My Bullets (The Beginning of the End for Gun Manufacturer Immunity?)

Maybe the worst example of special protections purchased by wealth and power is the National Rifle Association’s death grip on the national legislature over the last few decades: blocking any meaningful regulation of sales and passing federal legislation granting certain immunities from civil suit. Perhaps the timing is a coincidence, but as the NRA’s power, […]

Personal Responsibility (Justice Tonight)

The American justice system’s bedrock is accountability, enforced by citizen juries guaranteed by the Seventh Amendment to the Constitution. Every day, individuals in American courtrooms are held responsible (or not) for their actions – in criminal and civil courts. The day any one person – or group of people – are considered immune from this […]