Supreme Court “original jurisdiction” Part II

We did a post recently explaining that even though the Constitution gives the Supreme Court original jurisdiction of controversies between a state and the United States (such as Florida’s suit against Obamacare), that jurisdiction is not “exclusive”, and thus Florida did not have to file its suit first in the Supreme Court.  As at least…

Read More

The Supreme Court’s “original jurisdiction”

A caller to today’s show read from Article 3, Section 2 of the United States Constitution and, maintained that Judge Vinson’s ruling on Obamacare was unconstitutional because only the Supreme Court could hear the case. So, at the risk of putting everyone to sleep, let me explain the Supreme Court’s “original jurisdiction“. Pursuant to Title 28,…

Read More

Kagen-sure in some cases you can ban books

I am posting this one because it drove a bit of the conversation I had yesterday with Kathryn Jean Lopez from National Review. While arguing Citizens United as Solicitor General, Kagen tried to defend McCain Feingold and it’s limitations on the corporate purchase of political advertising within 30 days of an election. She did not…

Read More

States must comply with the Second Amendment

Today, in a very close decision, the Supreme Court ruled in McDonald v. Chicago that no state can pass a law that would violate a citizen’s right to bear arms under the Second Amendment of the United States Constitution. Before going further, though, it is important to understand what the decision does, and what the decision does not…

Read More

Freedom of association and the Supreme Court

Yesterday, the United States Supreme Court heard oral arguments in a case that will attempt to resolve an apparent conflict between the issue of “diversity” and the First Amendment right of “freedom of association”.  To me, at least, the facts are fascinating.

Read More