:: welcome to

NINOMANIA

:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::


"Scalialicious!"
-- Eve Tushnet


"Frankfurter was born too soon for the Web, but I'm sure that, had it been possible, there would have been the equivalent of Ninomania for Frankfurter."
-- Mark Tushnet
(I agree, and commented here.)


"The preeminent Scalia blog"
-- Underneath Their Robes


 Subscribe in a reader



Site Feed


Also please visit my opera blog, Box Five!

    follow me on Twitter



    Bloglinks:

    Above the Law, by David Lat

    Balkinization

    CrimLaw

    Duncan's Con Law Course Blog

    Eve Tushnet

    Eye of Polyphemus, by Jamie Jeffords

    How Appealing

    Hugh Hewitt

    Justice Thomas Appreciation Page

    Legal Theory Blog

    Lex Communis

    Opinio Juris

    Overlawyered.com

    Paper Chase (from JURIST)

    Point of Law (Manhattan Inst.)

    Professor Bainbridge

    Public Discourse

    Redeeming Law, by Prof. Mike Schutt

    SCOTUS Blog

    Volokh Conspiracy

    WSJ Law Blog





    Other fine sites:

    Alexander Hamilton Inst. for Study of Western Civilization

    Ave Maria School of Law

    Center for Thomas More Studies

    Family Defense Center

    The Federalist Society

    The Founders' Constitution

    George Mason University School of Law

    Immigration and Refugee Appellate Center

    Judged: Law Firm News & Intelligence

    JURIST

    Law Prose (Bryan Garner)

    Liberty Library of Constitutional Classics

    National Lawyers Association (alternative to ABA)

    Supreme Court decisions

    The Weekly Standard



    Something I wrote about marriage


    lawyer blogs


    [::..archive..::]
    ::

    :: Tuesday, June 29, 2010 ::
    "As an historian, McConnell's a good lawyer." So once said Prof. Mark Tushnet about Prof. and former Judge Michael McConnell, in regard to his scholarship on the Free Exercise Clause. And as a spin-doctor on the morning after an asteroid-hit, killed-the-dinosaurs Supreme Court loss, McConnell is still a good lawyer.

    As a further comment on that case, Christian Legal Society v. Martinez, I've posted the following on another forum, and feel it is appropriate for reposting here:

    I've got some more dark for you, if you want to keep on whistling in it.

    The Court didn't merely decline to review the Nondiscrimination Policy in favor of reviewing the All-Comers Policy instead: it declined to believe that Hastings had ever *had* the Nondiscrimination Policy. On remand, CLS has a chance to show that the All-Comers Policy was not applied neutrally, but no chance to argue that any other policy was applied, even though that was clearly the case.

    As Alito points out -- not only was the All-Comers Policy made up for purposes of this litigation -- it's not even Hastings's current policy. The new policy supposedly allows reasonable discrimination based on the purposes of the group. Yet if that were being applied even-handedly to CLS, the case would have been mooted out. On remand CLS may argue that the policy of reasonable membership criteria must allow it to exclude fornicators and active gays. Hastings will say that accommodating such preferences is contrary to public policy. We know how *that* one comes out.

    Btw, this year, at its annual Supreme Court Round-Up, the Federalist Society is evidently embarrassed to present Ted Olson as explicator-in-chief, as it usually does. So who is it presenting instead? Gregory Garre, the W-era SG who argued for Hastings College in the CLS case. Rhymes with "How screwed we arre...."

    :: David M. Wagner 11:14 PM [+] ::
    ...

    Site Meter
    This page is powered by Blogger. Isn't yours?