Constitutional Law

So Long, Guy Who Refused to Marry Interracial Couple

"I do hereby resign," began the only sentence anybody was interested in hearing out of Keith Bardwell, who until November 3 had been Justice of the Peace for the Eighth Ward of Tangipahoa Parish, Louisiana.  Everybody has been calling for…


Can Church-and-State Issues Be Funny? Hell, Yes

I am way overdue in suggesting that you buy a copy of Jay Wexler's book, Holy Hullaballoos: A Road Trip to the Battlegrounds of the Church/State Wars. At the outset, given that the FTC is now regulating blog endorsements, I…



Sudan Fines Woman Who Dared To Wear Pants

The New York Times reports that a Sudanese woman has been fined the equivalent of $200 after a trial on Monday in which she was found guilty of wearing pants in public.  She was, however, spared the 40 lashes she…



No Right to Honk, Judge Tells Chicken Lady

In a landmark First Amendment decision that will disappoint drivers everywhere, the Washington Court of Appeals has ruled that honking a car horn is not necessarily protected speech. As you might expect, the case arose from a dispute about chickens….


California Supreme Court Appears on Jumbotron

Reasonable people can disagree as to whether cameras should be allowed in the courtroom.  I personally think they should not, because cameras tend to make people do stupid things like wear Star Trek uniforms to court.  But I am willing…


One More View on the Oath of Office

On FindLaw.com today, law professor Michael Dorf weighs in on the oath-of-office controversy.  I was pleased to see that he reached pretty much the same conclusions as I did: that because of the Twentieth Amendment, the oath wasn't necessary to…


Amish Object to Putting “Mark of the Beast” On Cattle

The U.S. Department of Agriculture recently moved to dismiss a lawsuit filed by a group of Amish farmers who object to putting the "mark of the Beast" on their cattle.  The specific "mark" they are worried about is a radio-frequency ID…


Harvard Professor Opines on Scalia’s “Gollywaddles”

Last month, Jay Wexler spoke to noted language expert Steven Pinker and asked him where Justice Scalia might have come up with the term "gollywaddles," which Scalia used during oral argument this term in FCC v. Fox Television Stations.  Wexler…