Stare Decisis? What Stare Decisis?

After September’s re-argument in Citizens United v. FEC, your blogger wondered how Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. would reconcile overturning two Supreme Court precedents with their humble, anti-judicial activism rhetoric. As the experts I interviewed concluded at the time, Roberts and Alito both left themselves plenty of wiggle … Continue reading Stare Decisis? What Stare Decisis?

Note To Jury: Don’t Send Edible Genitalia To Judge

The U.S. Supreme Court gave some important guidance today to potential jurors: think twice before giving the judge a chocolate penis. It’s also not advisable to give the bailiff a pair of chocolate breasts. Especially in a death penalty case. “The disturbing facts of this case raise serious questions concerning the conduct of the trial,” … Continue reading Note To Jury: Don’t Send Edible Genitalia To Judge

Scalia Lost For Words

There’s been plenty of debate recently about Justice Antonin Scalia’s derision for incorrect word usage, especially when it involves the word “choate” (which, according to Scalia, is not a word, although lawyers use it all the time). Even the New York Times Magazine chimed in. During today’s argument in Briscoe v. Virginia, it was the … Continue reading Scalia Lost For Words