For the most part, much of the legal world's attention has been focused on Donald Trump and his attacks on Gonzalo Curiel, the federal judge who is currently presiding over the Trump University fraud cases in California. Trump somehow managed to offend surprising numbers of establishment Republicans.
Dahlia LithwickJudge [Gonzalo] Curiel has not said anything, and in fact, cannot say anything. But I would even broaden it out to, you know, judges who are victims of attack ads in say state Supreme Court elections can't talk back. Judges are really barred from commenting on this kind of huge public hue and cry.
Dahlia LithwickThere can be no difference between same-sex couples and opposite-sex couples anywhere in the USA.
Dahlia LithwickTaking legislative authority away from the federal government doesn't necessarily mean freer individuals. It might just mean granting vastly more authority to the states--which already have far broader police powers than most of us would care to admit.
Dahlia LithwickI wonder if there's just a sense that we have nothing to learn from any Supreme Court justice, including the great Chief Justice John Marshall.
Dahlia Lithwick