There are days when I feel like a stranger in my own country. Today is one of them.
« Justice in the Age of Reason | Main | Sujit Choudhry Named Dean Of UC Berkeley Law »
You can follow this conversation by subscribing to the comment feed for this post.
The comments to this entry are closed.
That makes at least two of us.
Posted by: Patrick S. O'Donnell | May 05, 2014 at 07:25 PM
I find it curious that the prayer "God save the United States and ..." could be justified on the basis that it "lends gravity" to the proceedings. This totally begs the question, which is, "What the hell does religion have to do with gravity or anything else that's real or important"? Religion and the prayer that supports it should be seen to be no more than a superstition, the opposite of "gravity."
Posted by: Jimbino | May 06, 2014 at 09:38 AM
Whether or not you agree with her substantively, Justice Kagan's writing is superb.
Posted by: jpc2119 | May 06, 2014 at 09:57 AM
This post, Eric, reminds me of a really nice book that my teacher, Robert Burt, wrote called "The Constitution in Conflict". The point, if I remember was that the Court needs to play it's role in a way that avoids alienating those who "lose." Steven Smith has made the point that Justice Kennedy is particularly bad about this, as is the "endorsement" test. I think a number of us find ourselves reacting "is this still my country?" to Court decisions (but different ones - Town of Greece seems right, in the result, to me but Roe etc. make me feel like a stranger. Is there any way to avoid this, I wonder?
Posted by: Rick Garnett | May 06, 2014 at 12:03 PM
I'm puzzled - in this decision, Thomas stated that he didn't think that the first amendment applied to the states; but in Citizens United, he applied it.
Posted by: Barry | May 08, 2014 at 12:05 PM
"I'm puzzled - in this decision, Thomas stated that he didn't think that the first amendment applied to the states; but in Citizens United, he applied it."
Joke?
Posted by: Concerned_Citizen | May 08, 2014 at 05:27 PM