Constitutional Law Archives

Major Cases of this Supreme Court Term

Supreme Court Sweeps is nearly over, and what a great season this was at the United States Supreme Court! Sweeps week, for those of you that cable television is a distant memory, is the time when big things happen on TV shows to attract viewership and ad money. If something crazy is going to happen […]

Standing Strikes Again! The Supreme Court Dodges Obamacare by Saying it is Unenforceable.

Today, in a surprising 7-2 decision, the Supreme Court, once again, dodged the question of whether Obamacare is unconstitutional. In an opinion written by Justice Breyer, the Court said the plaintiffs didn’t have standing to even challenge the Affordable Care Act (ACA) and so the case was dismissed. Overview of Obamacare Just like Nightmare on […]

California v. Texas: The Carrot Strikes Back and Pandora’s Box

Overview of Obamacare Just like Nightmare on Elm Street parts 1 through 65, there have been several renditions of the Affordable Care Act (ACA) lawsuits at the Supreme Court. And depending on your political persuasion, just as scary. California v. Texas is just the latest in a long line of Obamacare cases before the Supreme […]

Filling the Seat: How ACB’s Confirmation Stacks Up with History

This week, Amy Coney Barrett has been in the spotlight as she undergoes her confirmation hearings for possible appointment to the Supreme Court. Much about this confirmation hearing has been novel from the Covid format to sports and Star Wars references (proof we need more women in government) to the speed at which this confirmation […]

The Twitter-in-Chief’s Executive Order on Social Media: The biggest nothing burger since the McDLT

Last week, our Twitter-in-Chief signed an executive order that promised to be the equivalent of raining down fire and brimstone on Twitter. At a minimum, it was supposed to be the equivalent of throwing down small Lego pieces on Twitter’s bedroom floor and turning off the lights. In other words, it was supposed to be […]

NFL declares 11th commandment: Thou shalt not make the NFL lose money

Just like last year, the NFL is fine with kneeling during the National Anthem. Except this year, they are utilizing a different kind of fine. No longer do they say fine while silently disapproving because they are too flustered to continue arguing (a situation every man has found himself in. Word of advice: it’s not […]

Masterpiece wedding cake? Hardly.

The official opinion is in, ladies and gentlemen. By order of the Supreme Court of the United States, traditional wedding cakes are worthless. They ruled 9-0 that cheesecakes are now the official cakes of weddings. Anyone wanting to serve stale white cake instead has to sign a disclaimer with the city clerk recognizing that their […]

Federal Court gives President Trump a good ole’ Mutombo

And another one of Trump’s bans has been overturned. But this ban was a little different. Rather than keeping foreigners out of the country, President Trump is blocking people from viewing his Twitter page. President Trump has become a Twitter sensation since joining in 2009 and has acquired over 52 million followers. Anyone could see […]

Supreme Court Justice calls the law an “a$$” in Supreme Court Opinion

Supreme Court Justice Samuel Alito, aka, Bob Saget’s doppelgänger, made a rather unusual assessment of the law in his dissenting opinion in Collins v. Virginia. The case dealt with whether, without a warrant, the cops could search under a tarp that covered a stolen motor cycle parked in a driveway. Tip for all of you […]

Leave it to BuzzFeed to make a defamation lawsuit look cute!

A defamation lawsuit was recently filed against the wildly popular website BuzzFeed. Big shocker, it’s politically related. It’s not the topic that caught our eye, though. When BuzzFeed filed a motion to move jurisdiction from Florida to New York, the plaintiffs pulled out all the stops with their rebuttal brief title. I think we can all […]

Murr-dering a Wisconsin family’s property rights

In 1995, the parents of the four Murr siblings passed ownership of two waterfront lots to their children. Four siblings … two lots. Yea, this is a recipe for family harmony! In 2004, when the siblings attempted to sell the second lot, chaos ensued. I’m sure at this point you’re expecting a juicy story about […]

The U.S. Trademark Office is fighting racism…by discriminating based on race!

In 2006, Oregon native and musician Simon Tam started a dance rock band called “The Slants.” After the popularity of the band grew, a lawyer advised Tam to trademark the name. No problem, right? Wrong! The U.S. Patents and Trademarks Office denied the application. The reason? They found that the name would likely be disparaging […]

“But we didn’t know you couldn’t lie to the Court!”

Orange County social workers lied and submitted falsified documents to the court to justify taking two young daughters from their mother. When they got caught, can you guess what their defense was? “But we didn’t know you couldn’t lie to the court!” That line didn’t work on your mother, and it won’t work in court. In […]

Pasta and Pirates and Prison, Oh My!

If you haven’t found God, maybe you are looking for him in the wrong restaurants! A Nebraska prisoner found God in his spaghetti dish, called himself a “Pastafarian” and demanded that prisoner officials accommodate his religious beliefs. This proves the old adage that truth is stranger than fiction! Steven Cavanaugh, incarcerated in a Nebraska State […]

Every Dog has his Day in Court

In the ongoing battle of which pet is superior – dogs or cats, we can at least say that the K-9’s are leading the felines in Supreme Court appearances. And this year, mark another one down for the barkers. In following a recent trend, the Supreme Court granted certiorari in yet another dog case, Fry […]

Scalia – the proof is in the controversy

By: Joel Oster Justice Scalia passed away, and this nation is in mourning. It is unquestioned that Scalia was a brilliant legal mind who brought this country to new heights of legal understanding. I mean, I would have had no idea what “jiggery-pokery” was if not for Scalia. Turns out – it’s a real word! […]

Supreme Court on Fisher – Is strict scrutiny a pit bull or shih tzu?

The Supreme Court has once again taken up the controversial topic of admissions standards at the University of Texas. And we are not talking about why can’t their football team win with the largest athletic budget in college, and possibly, even pro sports! Last I checked, pro football is a step down for Texas football […]

Who Says you Can’t Make the Supreme Court Laugh?

The Cato Institute recently filed an amicus brief in Susan B. Anthony List v. Driehaus, before the US Supreme Court, that is as a must read for anyone who has Comedy Central tagged on their computer. Apparently attorneys, often the butt of late night jokes, have now joined the ranks of comedians. This case began […]

Can Lawyers Speak out of Both Sides of Their Mouths?

Americans dread campaign season for one main reason – we hate campaign ads! They are dirty, sleazy, and those are just the disclaimers! Some states passed laws aimed to curb lying in politics, generally called “false campaign speech laws”. Apparently goals like world peace and convincing MIley Cyrus to dress modestly were just too easily […]

Constitutional Law