First Amendment

The Supreme Court Is Killing Contribution Limits Softly; A Few Years from Now They Likely Will Be Dead.

December 29, 2019

The Thompson v. Hebdon per curium opinion is the latest example of the Roberts Supreme Court’s hostility to reasonable money in politics reforms like contribution limits, and its insistence on ignoring empirical data about campaign finance. In Thompson v. Hebdon, the Court remanded the case so that the Ninth Circuit could “revisit whether Alaska’s contribution…

Recent Case: Palin v. New York Times Co.

November 2, 2019

“This case is ultimately about the First Amendment, but the subject matter implicated in this appeal is far less dramatic: rules of procedure and pleading standards.” So began Judge Walker’s opinion reversing the district court’s dismissal of Sarah Palin’s defamation suit against the New York Times (“the Times”). The Second Circuit’s decision did turn on…

Recent Case: Planned Parenthood v. Hodges

April 3, 2019

The state of Ohio does not want women to have abortions.  This much is clear from the state legislature’s recent support for bills that would effectively ban abortion at six weeks.  In 2016, arguably as part of the state’s policy disapproving of abortion, Ohio enacted House Bill 294, which prohibits the Ohio Department of Health…

Recent Case: Adams v. Governor of Delaware

March 12, 2019

Talk of Supreme Court reform is in fashion. With the increased trend toward overt politicization of judicial nominations and the dread of an enduring conservative majority on the Supreme Court, discussion of court packing now knocks at the door of mainstream politics. At least one presidential candidate has proposed how such packing might be accomplished,…