Comment

Comment by James M. Martin on June 28, 2012 at 5:08pm

Those old scales of justice are coming slowly back into balance: if it doesn't entirely make up for Bush v. Gore and Citizens United, the AHA decision suggests that not all the Scalito crowd are knee-jerk conservatives. The surprising thing is that Roberts looked to the tax clause and not the commerce clause for constitutionality. The question now is, will the Right argue taxes are subject to repeal, so the mandate could be gutted by Congress.

Comment by James M. Martin on May 7, 2012 at 6:34pm

Thanks, Steph.  I blog here now and then.  I am becoming acutely aware of the role religion plays in our court system.

Comment by Steph S. on May 7, 2012 at 12:57am

Hi James! I just found your group here! Looks great! I can't wait to get caught up on the discussions.

Comment by James M. Martin on January 8, 2011 at 5:39pm

Well, now, let's say Percy Shelley had contested in court his being disowned by his religious father, wouldn't his atheism have become an issue?  I rather doubt the bench would allow in such evidence in this day and age, but we have a judge a couple of counties away who keeps a "God" slogan next to the American flag.  I think it references the commandment about bearing false witness.  As if we had to be religious to avoid that!  No, I think atheist issues will grow in importance in jurisprudence of the 21st century.  I hope it does.