Slate Articles

Is That All You Got?

Dahlia Lithwick — Fri, 10 Feb 2012 00:05:33 GMT

One of the most remarked-upon aspects of the first round of Prop 8 litigation, that concluded this week with a 2-1 defeat for the initiative at the 9^th Circuit Court of Appeals, was the weakness of the case against gay marriage. As Andrew Cohen explained at the time, at every turn Judge Vaughn Walker, who presided over the trial, expressed frustration at the fact that the opponents of gay marriage either had no case or couldn’t be bothered to make one. Arguing for the gay marriage ban, seasoned attorney Charles Cooper called only two witnesses (the plaintiffs called 17), one of whom was not deemed qualified to testify as an expert. As Cooper finally explained in his closing argument, "Your honor, you don't have to have evidence for this. … You only need to go back to your chambers and pull down any dictionary or book that defines marriage," Cooper told the judge. "You won't find it had anything to do with homosexuality."

A Losing Proposition

Will Oremus — Thu, 09 Feb 2012 18:03:47 GMT

Strange as it may seem in the wake of the street parties celebrating Tuesday’s ruling by the 9^th Circuit Court of Appeals invalidating California’s Proposition 8, there was a time when gay-rights advocates feared this day would come.

For Prop 8, No Hollywood Endings

Dahlia Lithwick — Tue, 07 Feb 2012 23:53:35 GMT

It should come as no surprise to anyone that the (“liberal”) 9^th Circuit Court of Appeals, led by the (“very liberal”) Stephen Reinhardt, struck down the state’s ban on gay marriage as unconstitutional. Prop 8, passed by referendum in November 2008, had already been thrashed to a pulp by a (“gay”) judge in August 2010, and when the federal appeals court heard the case in December 2010, it was manifestly clear that they were struggling to find some plausible rationale for a ban on gay marriage that made sense. And given that a lot of folks always thought the fix was in at the 9^th Circuit, the real shocker today isn’t that a liberal panel delivered a liberal decision. Rather, what’s so surprising is that they delivered a far more moderate decision than anyone would have predicted.

A Florida Millionaire Adopted His 42-Year-Old Girlfriend. Isn’t that Incest?

Terry L. Turnipseed — Tue, 07 Feb 2012 17:12:07 GMT

in·cest (ĭn'sěst') Sexual relations between family members or close relatives, including children related by adoption. Black’s Law Dictionary 776 (9^th ed. 2009) (emphasis added).

Colbert v. the Court

Dahlia Lithwick — Thu, 02 Feb 2012 22:30:15 GMT

The Supreme Court has always had its critics. Chief Justice John Marshall had to contend with the temper of President Andrew Jackson (“John Marshall has made his decision, now let him enforce it!”). And Chief Justice Charles Evans Hughes went toe-to-toe with FDR, who wouldn’t let up with the court-packing. But in the history of the Supreme Court, nothing has ever prepared the justices for the public opinion wrecking ball that is Stephen Colbert. The comedian/presidential candidate/super PAC founder has probably done more to undermine public confidence in the court’s 2010 Citizens United opinion than anyone, including the dissenters. In this contest, the high court is supremely outmatched.

Police Tape

Dahlia Lithwick — Tue, 31 Jan 2012 23:38:00 GMT

In three months, thousands of reporters from around the globe will descend on Chicago for the G-8 summit. Part of what they will chronicle is the protests and police crackdowns that have made each annual meeting so newsworthy. Sadly for all these reporters, and for all the American journalists with plans to film the protestors and cops, any effort to audiotape police activity on public streets or in parks is a crime in Illinois—a crime punishable by 15 years in prison.

The Political and the Personal

Dahlia Lithwick — Wed, 25 Jan 2012 20:26:26 GMT

Without question the most touching moment at last night’s State of the Union was the heartfelt welcome given to Rep. Gabrielle Giffords, who steps down today to continue her recovery from the gunshot wounds she sustained in Tucson, Ariz., last year. Not only was Giffords welcomed to the chamber with a whooping standing ovation, she was flanked throughout by colleagues whose ideologies could not be more different from her own. Explaining why he rose to help her stand for every ovation she offered President Obama during his speech, even when it meant he was the only Republican on his feet, Rep. Jeff Flake said that the optics just didn’t matter to him: “After sitting next to an empty seat last year, I couldn't be happier to have Gabby back in the House chamber for this year's State of the Union speech … Gabby's courage, strength, and optimism is able to cut through the partisanship and bring out the best in Congress."

Alito vs. Scalia

Dahlia Lithwick — Mon, 23 Jan 2012 23:38:06 GMT

In what is certainly the most important pronouncement about privacy, technology, and the scope of the Fourth Amendment right of the people to be “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” the Supreme Court handed down a unanimous decision today in United States v. Jones.

Power of Attorneys

Amanda Frost — Wed, 18 Jan 2012 22:16:00 GMT

On Jan. 4, President Obama appointed Richard Cordray director of the new consumer protection agency without Senate approval. He did so citing his constitutional authority to unilaterally fill vacancies during a Senate recess. Later that same day, the president claimed the same prerogative to appoint three new members to the National Labor Relations Board. Outraged Republicans argue that the Senate was not in recess because a few senators held brief, pro forma sessions over the holidays to block these very appointments. The President’s lawyers contend that the Senate was effectively in recess because there was no possibility it could convene as a body to confirm the president’s appointees during that period.

The Great Gitmo Blackout

Dahlia Lithwick — Wed, 11 Jan 2012 23:18:00 GMT

Ten years ago today, George W. Bush’s first 20 prisoners arrived at the Guantanamo Bay Naval Base in Cuba. They were, we were promised at the time, “the worst of the worst.” Eventually the camp came to house almost 800 prisoners, of whom 171 still remain. Some of them were tortured, some may be tried by military commission, and some have died or will die there. The 10-year anniversary was marked today by protests, articles, editorials, letters, personal remembrances, and reminders that Guantanamo itself is only part of the problem with Guantanamo.