Credit Ian Millhiser of Think Progress with the excellent headline that appears above as well as the following story that appeared on the group’s website yesterday:

ROn Tuesday, the Supreme Court handed down a unanimous decision in Holt v. Hobbs, establishing that a Muslim inmate may grow a half-inch beard “in accordance with his religious beliefs,” despite a prison policy prohibiting him from doing so. This result is not particularly surprising. During oral argument the justices appeared sympathetic to the inmate, who listed as “Gregory Houston Holt AKA Abdul Maalik Muhammad.” And Mr. Muhammad had strong legal arguments supporting his case.

In the Court’s majority opinion, Justice Samuel Alito convincingly rebuts the prison’s justifications for requiring Muhammad to shave. Among other things, the prison claimed that an inmate might hide contraband, such as a razor or illegal drugs, in their beard if they were permitted to grow one. According to Alito, however, the prison’s claim that an inmate might smuggle items in a half-inch beard, is “hard to take seriously.” The prison, for example, does not require inmates to shave their heads, so “it is hard to see why an inmate would seek to hide contraband in a 1/2-inch beard rather than in the longer hair on his head.”

Though Justice Ruth Bader Ginsburg joins Alito’s opinion, she also penned a two sentence concurring opinion explaining why Tuesday’s decision is a proper application of an individual’s religious freedoms — and why she believes that the Court’s birth control decision in Hobby Lobby was erroneous. “Unlike the exemption this Court approved in Burwell v. Hobby Lobby Stores, Inc.,” Ginsburg explains, “accommodating petitioner’s religious belief in this case would not detrimentally affect others who do not share petitioner’s belief. On that understanding, I join the Court’s opinion.” Read More


Hobby LobbyAs reported in numerous places — click here for Ian Millhiser’s quick take at the for the Center for American Progress — the widely-dreaded Hobby Lobby decision came down today from the U.S. Supreme Court. In response, the good folks at Mother Jones posted the following article.

On Monday, Justice Ruth Bader Ginsburg penned a blistering dissent to the Supreme Court’s 5-4 ruling that the government can’t require certain employers to provide insurance coverage for methods of birth control and emergency contraception that conflict with their religious beliefs. Ginsburg wrote that her five male colleagues, “in a decision of startling breadth,” would allow corporations to opt out of almost any law that they find “incompatible with their sincerely held religious beliefs.”

Here are seven more key quotes from Ginsburg’s dissent in Burwell v. Hobby Lobby: Read More

Lunch Links, Uncategorized

For lunch today, some random morsels about happenings at the U.S. Supreme Court as the justices prepare to open the new term on Monday.

Life on the Roberts Court

Marcia Coyle, who writes about the Court for the National Law Journal, talks about the backstories underlying some landmark decisions reached under the reign of Chief Justice John Roberts, as detailed further in her book, “The Roberts Court.”

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Linkrot, Tumblr and Technology at the Court  

As Adam Liptak reports in this New York Times piece, long gone are the days when the justices cited only to printed text in decisions that appeared only in books. “Since 1996,” he writes, “justices have cited materials found on the Internet 555 times.”   Apparently though no one told them links had to be maintained, because now close to half of the web links in opinions lead to nowhere.

This can sometimes be amusing. A link in a 2011 Supreme Court opinion about violent video games by Justice Samuel A. Alito Jr. now leads to a mischievous error message.

“Aren’t you glad you didn’t cite to this Web page?” it asks. “If you had, like Justice Alito did, the original content would have long since disappeared and someone else might have come along and purchased the domain in order to make a comment about the transience of linked information in the Internet age.”

Tumblr.jpg.CROP.rectangle3-large  And as noted here in The Atlantic, the microblogging platform Tumblr makes its first appearance at the court  this year, nestled in a brief filed by Harvard Law Professor Lawrence Lessig in the campaign finance case  McCutcheon  v. FEC. As Lessig explains on his own Tumblr page, the focus is on the origins of the word  “corruption”:

The basic argument of the brief is that the Framers of the Constitution used the word “corruption” in a different, more inclusive way, than we do today. The Tumblr captures 325 such uses collected from the framing context, and tags to help demonstrate this more inclusive meaning.

Scalia v. Ginsburg: The Opera                       

Scalia & Ginsburg     Just after last year’s term came to an end in June, Justices Ruth Bader Ginsburg and Antonin Scalia — who when not sparring over decisions are actually friends, travel together and share a love of opera — sat down for a rare preview of an  opera written for and about them.  Listen here to part of the opera, as reported by NPR.