Here’s a quick illustration of Cedar Point Nursery v. Hassid. Imagine you’re a nursery owner, minding your own business, watering your prized saplings. Enter stage left: the government, clipboard in hand, announcing, “Congratulations! You’ve just been awarded the privilege of sharing your property with whoever we say, whenever we say. But don’t worry—it’s not all […]
Read MoreLochnerism is basically when the Supreme Court decides to turn the Constitution into a choose-your-own-adventure book using the 14th Amendment’s liberty clause. They say, “We’re here to protect freedom!” But then the existential crisis kicks in: What even is freedom? The Constitution doesn’t spell it out, so the Court just kind of wings it.
Read MoreOnce upon a time, there was a little pink house. It wasn’t much, but it was home for Susette Kelo—until the government decided that a cozy, working-class neighborhood wasn’t quite…profitable enough. Enter Pfizer, the pharmaceutical behemoth with grand plans to swoop in, take her land, and bulldoze her house. Why? To build something more, well, […]
Read MoreFor 800 years, property law had trudged along, a relic of feudalism that even Henry VIII couldn’t kill off completely. But then along came Willard v. First Church of Christ, and—poof—centuries of common law got tossed out like last week’s leftovers. California, ever the trendsetter, decided that a random third party could now waltz in […]
Read MoreAlthough it’s not like a secretive state grand jury or even a state civil jury trial is guaranteed, it sure looks like Diddy might have violated the Mann Act and the RICO Act. When Diddy transported escorts across state lines, that was interstate economic activity—aka commerce—which the feds could regulate, meaning prosecutors could charge Diddy. […]
Read MoreIt’s absolutely hilarious how opinions on religious freedom do a total 180 over time. Once upon a time, a Supreme Court Justice was warning about “courting anarchy” with Sherbert v. Verner for allowing a day of rest on Saturday—what a scandal! Fast forward to the Smith decision aka precedent, where the Court basically said, “Yeah, […]
Read MoreOh, the US Supreme Court? Yeah, totally in touch with reality. I mean, who needs elections when you can be handpicked for life? And let’s not forget the diversity—Catholics galore! And, of course, if you didn’t go to Harvard or Yale, you can just forget about it. But don’t worry, they’ve got that East Coast […]
Read MoreOh, isn’t it just fascinating how democracy is apparently under threat by—wait for it—nine lawyers? Scalia, ever the beacon of foresight, warned us about this dire menace to our freedom. Who knew the real rulers of 320 million Americans were those unelected Supreme Court justices, masquerading as a super legislature? In the Obergefell vs. Hodges […]
Read MoreIn the Planned Parenthood v. Casey decision of 1992, the Supreme Court upheld the right to have an abortion, reaffirming the essential holding of Roe v. Wade. However, Casey also allowed states to regulate abortions to protect maternal health and fetal life throughout the whole pregnancy. While it clarified certain aspects, it inadvertently led to […]
Read MoreRoe v. Wade is often referenced by the state to justify controversial actions. These include state-imposed COVID mask mandates, the sterilization of disabled individuals, women, and inmates, as well as forced vaccinations. Roe, or the cases it cites, are used to support these measures in the name of public safety and health.
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