Category Archives: SCOTUS

June 27, 2013, 11:37 am

After DOMA: Should Civil Rights Activists Return to the Local?

Queers for Economic Justice march in New York

Queers for Economic Justice march in New York

In the hours after yesterday’s rulings in Windsor v. United States and Hollingsworth v. Perry, social media may have racked up some of their biggest numbers ever. Every post I put up on Facebook received ten likes or comments every three minute or so, as did the pages of several of my friends.

One prominent theme was how GLBT folk should interpret these rulings, and how they should be understood in light of the week’s earlier decisions in relation to affirmative action (Fisher v. Texas) and the Voting Rights Act (Shelby County v. Holder.) Both of these decisions exemplify the retraction of civil rights accomplishments that targeted women, the poor and people of color. Indeed, many postings by progressive queers and straights expressed disappointment that in the…

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June 26, 2013, 12:44 pm

It’s Called Equal Protection and Due Process, Associate Justice Scalia


As Associate Justice Anthony Kennedy wrote for the majority in today’s historic decision to overturn the Defense of Marriage Act, “DOMA seeks to injure the very class New York seeks to protect. By doing so it violates basic due process and equal protection principles applicable to the Federal Government.” (p. 20)

Yep. What he said: seeks to injure. That is exactly what those people who wrote, promoted, and signed, DOMA sought to do, for their own political gain. Back in 1996, the House Judiciary Committee explicitly stated that the Defense of Marriage Act was intended to “reflect and honor a collective moral judgment and to express moral disapproval of homosexuality.”

The “plain English” version of United States v. Windsor from Amy Howe is over at SCOTUS Blog:

The federal Defense of Marriage Act defines “marriage,” for purposes of over a thousand federal laws and programs, …

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June 27, 2010, 12:14 pm

Sunday Radical Roundup: Gay Supreme Court Pride Edition

After our busy, busy week here at Tenured Radical, we think it is time for a calm and genteel set of items to keep you busy this Sunday. To wit:

Kagan Hearings Kick Off On Monday: Thanks to Prawfs Blawg, a group blog maintained by a bunch of guys teaching in law schools around the United States, we have the witness list for the Elena Kagan hearings that start tomorrow at 12:30 (hat tip.). While they will begin with the senators going on record at tedious length (“life begins at conception, yack, yack, yack“) as if we and their constituents did not already know what they thought, testimonies to tune in for might be Lily Ledbetter, the litigant in Ledbetter v. Goodyear Tire (2007), called by the majority; and Stephen Presser, legal historian from Northwestern, called by the minority. Presser, who mostly writes about corporate law, can also be expected to speculate on how Kagan’s

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May 15, 2010, 6:21 pm

The Radical Did Not Go Out With Elena Kagan, But Other Ivy League Grads Did: This Week On The Elitist Supreme Court

Last night when Jim Lehrer asked David Brooks and Mark Shields, “How do you see the Elena Kagan nomination now? It’s over a week,” this Radical moved to the edge of her seat. Which commenter was going to say the L word first?

No, no, not liberal.

Instead, after the normal reassurances that Kagan will be confirmed, just try to find something wrong with her, she was a good dean, she has no opinions about anything, blah, blah, blah, suddenly Shields and Brooks went on a tirade about SCOTUS being an elitist institution. (What, you thought it was a good thing that the highest court in the land was peopled with the best legal minds in the land? Think again, mister. Or sister.)

From the transcript:

MARK SHIELDS: I have to tell you, I mean, I am so tired of Ivy Leaguers. I really am. I want somebody who went to a state university, who didn’t grow up in the Eastern time zone, who worked nights, …

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