I am Tom Freeland, a lawyer in Oxford, Mississippi. The picture in the header is my law office. I'm on Twitter as NMissC

Missing Posts: If you have a link to a post that's not here or are looking for posts from Summer of 2010, check this page.


Eric Posner: “Justice Thomas has integrity, but it’s the integrity of a madman.”

Eric Posner’s list of what he learned on the Slate breakfast club reviewing the Supreme Court term is great reading and very funny.   Among the lessons learned:

* Justice Thomas has integrity, but it’s the integrity of a madman. He is the Ron Paul of the Supreme Court.

* The conservative justices really […]

I have the impression these people aren’t getting along, Part 2

It has been widely reported that, while Justice Ginsburg was reading a statement about her dissent in a sexual harassment case on Monday, Justice Alito, right there on the bench, was acting out like a school child.  A badly behaved school child.  The Washington Post describesAlito “visibly mocking” Ginsburg while she read her dissent:

Ginsburg, the […]

DOMA is unconstitutional on Equal Protection grounds… Prop 8 punted for lack of standing

Scalia, dissenting today, has some language that the dissent could have used nicely in yesterday’s preclearance case:

This case is about power in several respects. It is about the power of our people to govern themselves, and the power of this Court to pronounce the law. Today’’s opinion aggrandizes the latter, with the predictable […]

Tomorrow at the Supreme Court… (according to Tom Toles)

Richard Posner, responding to his son Eric, describes how a realist reads the Supreme Court opinions

In Slate’s annual Supreme Court review, Posner meditates on how to read Supreme Court opinions, and the quality of those opinions.  He notes, “My own view is that any statement in a judicial opinion is a matter of law. (That is the legal realist in me.)”  And there’s a significant thorn in his summary […]

Adam Liptak’s interesting entrail reading about cert grant votes on gay marriage cases

Adam Liptak of the New York Times has a fascinating speculation about clues from the oral arguments in the gay marriage case about why cert was granted.

A couple of points needed to understand the piece:  First, while it takes five votes to win in the Court, only four are required to get review. […]

Meanwhile, in other Supreme Court news: The Fourth Amendment is still strong!

In a peculiar voting alignment (peculiar, but not as unusual in Fourth Amendment cases) in Florida v. Jardines, Justice Scalia has written a strong opinion upholding the right to be secure from warrantless searches in the home, joined by Thomas, Ginsburg, Kagan, and Sotomayor.  Alito dissents, joined by Roberts, Breyer, and Kennedy.

The question is […]

Linda Greenhouse on John Roberts and the Health Care case

George Cochran, con law professor at Ole Miss, writes me to say that Linda Greenhouse’s latest post on the New York Times Opinionator blog, “The Mystery of John Roberts,”  is “Absolutely the best  thing written on the health care decision.”

It’s pretty great, and has a really good punch line, too.

Judge Posner on originalism and criminal law, Walter Dellinger on state sovereignty

You really should check out Slate magazine’s discussion of the Supreme Court term (beginning here), whose participants this year are Richard Posner, Dahlia Lithwick, and Walter Dellinger (who taught at Ole Miss law school in 1966-68).  Posner on Miller v. Alabama and Dellinger’s most recent on US v. Arizona are particularly good.  Posner takes […]

Statements from Gov. Barbour and Charles Griffin about the Supreme Court pardons decision

Here’s a statement from Gov. Barbour about the Mississippi Supreme Court pardon decision:

“I’m grateful for the decision issued today by the Supreme Court of Mississippi upholding the Governor’s constitutional authority to exercise clemency. In this decision, the Supreme Court has reaffirmed more than a century of settled law in our state. But this […]