A panegyric to Anthony Kennedy

It is too easy to say after the fact, but as I read Justice Kennedy’s final concurrences in National Institute of Family and Life Advocates (NIFLA) v Becerra and Trump v Hawaii, I sensed the end. They were legal love letters addressed to the American people he cherished so much -  and also to the … Continue reading A panegyric to Anthony Kennedy

Let them (not) eat cake

Cake is not often the cause of constitutional controversies. Yet, the US Supreme Court and the UK Supreme Court are – as we write – resolving cases where mere cake purchases have pitted causes of conscience against rights of public accommodation. And the two cases are not just interesting in their substance, for they have … Continue reading Let them (not) eat cake

Sandra Strikes Again: Sandra Ikuta’s recent winning streak at the Supreme Court

It’s only May, and it’s been a great year for Sandra Ikuta already. Indeed, her homework is getting top marks from the teacher’s desk. There’s probably only one sweeter feeling for lower court judges than getting affirmed by the Supreme Court, and that’s authoring a (rather spicy) dissent to a judgement later reversed. And a … Continue reading Sandra Strikes Again: Sandra Ikuta’s recent winning streak at the Supreme Court