Showing posts with label justice scalia. Show all posts
Showing posts with label justice scalia. Show all posts

Monday, April 6, 2015

How Will the "Religious Liberty" Laws Affect the Supreme Court's Decision on Same-Sex Marriage?

The four conservatives on the Supreme Court have repeatedly argued that opposition to same-sex marriage is not based on hatred but rather on traditional morality and religious belief, and that these are sufficient grounds upon which to deny same-sex couples the right to marry. Will the furor over "religious liberty" laws that would have legalized discrimination against same-sex couples change their minds?

Saturday, March 14, 2015

Some Subtle Textual Arguments in King v. Burwell Addressed to Justice Scalia

In  a previous post I set forth the three statutory provisions that are under consideration in King v. Burwell and described the powerful constitutional arguments that were asserted by the federal government in support of the proposition that federal subsidies for health insurance under the Affordable Care Act are available to citizens in every state. These constitutional arguments were addressed to Justice Kennedy (who is committed to Federalism) and Chief Justice Roberts (who follows a pragmatic approach to legal interpretation). In this post I cover the more subtle textual arguments that were addressed to Justice Scalia.