Category Archives: Justices

How Scalia Played With Fire

The following opinion piece by Carolyn Shapiro, “How Scalia played with fire,” was posted February 16, 2016, on cnn.com. The late Justice Antonin Scalia has been justly praised for his tremendous intellect, his resounding influence on the law and his supremely accessible opinions. And since his death Saturday, many commentators have noted his sincere, long friendship with liberal … Continue reading How Scalia Played With Fire

Scalia, the Court, and the End of the Death Penalty

Justice Scalia made news last week for his remarks during an appearance at Rhodes College.  In addition to expressing in his characteristically blunt way his frustration with the Court’s same-sex marriage opinion from last term, he predicted that the Court was on its way to striking down the death penalty.  The prediction got a good … Continue reading Scalia, the Court, and the End of the Death Penalty

Justice Breyer’s New Book on the Controversy over Citing Foreign Law

Most of Justice Breyer’s newly released book, The Court and the World, deals with cases in which the Court is required to engage with foreign nations and foreign law.  These cases, Breyer writes, “show how routinely American interests extend beyond the water’s edge, obliging the Court, in turn, to extend its range of legal and … Continue reading Justice Breyer’s New Book on the Controversy over Citing Foreign Law

Are You Talking To Me? The Justices and Their Audience

Last month, in her dissent in Yates v. U.S., Justice Kagan reminded us again of why she has earned a reputation for her readable, engaging, even entertaining opinions. Yates involved a prosecution of a fisherman under the Sarbanes-Oxley Act. After a federal agent found that the fisherman had some undersized red grouper in violation of … Continue reading Are You Talking To Me? The Justices and Their Audience

Following the Script: The ACA at the Supreme Court, Round 2

So now that we’ve had (if not yet heard) oral arguments in King v. Burwell, the Affordable Care Act’s second round at the Supreme Court, what have we learned about where the justices stand on this stunningly consequential case? Not all that much, I would say. Court watchers have developed a relatively predictable script for … Continue reading Following the Script: The ACA at the Supreme Court, Round 2

The Conservative Justices, the Constitution, and the First Amendment

This post is based on The Conservative-Libertarian Turn in First Amendment Jurisprudence, 117 W. Va. L. Rev. 231 (2014), which Professor Heyman recently presented as the Third Annual C. Edwin Baker Lecture for Liberty, Equality, and Democracy at West Virginia University College of Law. In recent years, a conservative majority of the Supreme Court has issued … Continue reading The Conservative Justices, the Constitution, and the First Amendment

Half a Cheer for Justice Ginsburg’s Celebrity Turn

Justice Ginsburg’s frequent and increasingly candid off-the-bench statements have elicited praise and condemnation from predictable sources. Fueled by social media, she has achieved an almost cultish celebrity status, her every remark cherished by her admirers, her face featured on “Notorious RBG” t-shirts. Although Justice Scalia has an army of faithful followers and Justice Sotomayor has … Continue reading Half a Cheer for Justice Ginsburg’s Celebrity Turn