The First Aphorism of Religion Cases: Only the religious convictions of other people are weird. Yours are perfectly rational.
Dahlia LithwickPulling a crystalline, cogent rule out of the murk of the court's First Amendment, public forum, and Establishment Clause doctrine is an act of creation too complicated for mere mortals.
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 LithwickIf Americans actually have the conversation about our disastrous prison policies, we'll understand the trends all move in very dangerous directions: we lock up more people, for less violent crime, at ever greater expense, breeding more dangerous criminals who often come out unemployable, violent and isiolated.
Dahlia LithwickIn [Philip] Howard's view, our reliance on law, lawyers, and lawsuits has turned Americans into fat, neurotic cowards who 'go through the day looking over their shoulder instead of where they want to go.'
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 Lithwick