Legal Aggregate

Heeding Vaccine Court’s Failures






The tort system is frequently criticized — for the unpredictability of its judgments, the stinginess (or, some say, profligacy) of its awards, and the slow pace, exorbitant cost and adversarial nature of its operation. In tort’s place, many suggest, we ought to create alternative compensation mechanisms — which is to […]




The End of Public Employee Unions?: The Supreme Court Gets Ready to Reverse Precedent






On June 30, the United States Supreme Court agreed to reconsider a 38-year-old precedent which established the right of public employee unions to require non-union workers to pay dues as a condition of employment. Two Supreme Court decisions issued in 2012 and in 2014, as well as the June 30 […]




Michigan v. EPA: Looking to the Issues Not Resolved






I breathed a sigh of relief as I read the decision in Michigan v. EPA. In this case, the issues not resolved were more important than the issue on which the Court based its opinion. This case could have been a big problem for future regulations on climate change at […]




Arizona State Legislature v. Arizona Redistricting Committee: No Appetite for Destruction






The Supreme Court’s decision today upholding Arizona’s Independent Redistricting Commission will not get the headlines of last week’s momentous decisions on marriage equality and health care. But the three cases together illustrate an unfamiliar division on the Court between those Justices who care about consequences and those who would “let […]




Glossip v. Gross: Examining Death Penalty Data for Clarity






The legal battle against the death penalty suffered a minor setback with the 5-4 decision on June 29, 2015 in the case of Glossip v. Gross with the Court refusing to stop the three-drug protocol that is now commonly used for lethal injections in the United States. The decision could […]




Obergefell: A Victory for Children






The Supreme Court’s decision in Obergefell v. Hodges (and three other cases) is obviously a landmark decision of enormous importance to gay individuals and the interests of liberty and equality. As someone whose career has focused on the needs and interests of children, I look at the decision from another […]




Equality and the Rule of Law






As co-counsel for the Kentucky plaintiffs (and, before them, the Oklahoma plaintiffs) in the marriage equality litigation, I helped draft over one hundred pages of briefs in the Supreme Court arguing for the right of lesbians and gay men to marry on the same terms as everyone else. Upon receiving […]




Stanford Law Faculty Weigh In on Supreme Court’s Same Sex Marriage Decision






Equality and the Rule of Law by Professor Jeffrey Fisher As co-counsel for the Kentucky plaintiffs (and, before them, the Oklahoma plaintiffs) in the marriage equality litigation, I helped draft over one hundred pages of briefs in the Supreme Court arguing for the right of lesbians and gay men to […]




Obergefell: A No-Doubter






In baseball, towering home runs are often called “no doubters.” Today’s opinion in Obergefell delivered that kind of victory to those advocating constitutional marriage equality.  In no uncertain terms, with pointed rhetoric about dignity, and with no apology for the constitution’s tradition of evolving understandings, the Court said squarely and […]




Living Traditions: Justice Kennedy Embraces Evolving Traditions






Readers of Justice Kennedy’s opinions in Lawrence v. Texas (2004) and United States v. Windsor (2013) will find many familiar notes in the language of Obergefell’s majority decision. “Dignity” (9 times) and “liberty” (24 times) are paramount, as before, and the opinion emphasizes how exclusion from marriage “disparages” or “demeans” […]