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- Magisterial Conviction
Why the California Supreme Court did more than legalize gay marriage.
Kenji Yoshino
posted May 15, 2008 - Race to the Altar
California's gay couples should marry fast. Voters could overturn the Supreme Court ruling in November.
Emily Bazelon
posted May 15, 2008 - Who You Calling Activist?
California's gay-marriage decision reflects the difference between judicial activism and, um, judging.
Dahlia Lithwick
posted May 15, 2008 - A Few Good Soldiers
More members of the military turn against the terror trials.
Emily Bazelon
posted May 13, 2008 - Persuasion
Justice Antonin Scalia is persuadable. Or he finally thinks you are.
Dahlia Lithwick
posted May 10, 2008 - Search for more jurisprudence articles
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Moving TargetsThe solicitor general is the latest target in the showdown over guns.
By Dahlia LithwickPosted Friday, March 14, 2008, at 6:57 PM ET
Finally, Novak throws in the tidbit that Clement's wishy-washy brief in Heller was an effort to co-opt the wishy-washy Anthony Kennedy, "the Supreme Court's current swing vote." This column is not merely an attempt to bully Clement into changing his position at argument next week; it's another effort to browbeat Kennedy back into line as well. It's a signal to those folks unwilling to cede an inch on gun rights that if they don't get everything they want from the Supreme Court in June, Clement and Kennedy will be the ones to blame.
For all the talk we've been hearing about the "unitary executive" in recent years, this is the first time in anyone's memory that two different representatives are currently purporting to speak for the president in court. Rather than attempting to discredit one speaker or the other at the last minute, we should recognize them for what they are: The president speaking out of both sides of his mouth on gun rights.
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