Although the police have probable cause and could obtain a warrant with dispatch, if they gain the consent of someone other than the suspect, why should the law insist on the formality of a warrant? Because the Framers saw the neutral magistrate as an essential part of the criminal process shielding all of us, good or bad, saint or sinner, from unchecked police activity.
Ultimately, how you feel about what Justice Ginsburg should do will hinge on just how broken you think the U.S. Senate (and by extension American government itself) really is. If you’re the kind to believe that, when it comes to working with Congress, the president is already a lame duck, there’s indeed little reason to think that losing the most beloved liberal jurist of her generation would be a net-plus for the left.
In the Court’s view, [the Religious Freedom Restoration Act of 1993 (RFRA)] demands accommodation of a for-profit corporation’s religious beliefs no matter the impact that accommodation may have on third parties who do not share the corporation owners’ religious faith—in these cases, thousands of women employed by Hobby Lobby and Conestoga or dependents of persons those corporations employ. Persuaded that Congress enacted RFRA to serve a far less radical purpose, and mindful of the havoc the Court’s judgment can introduce, I dissent.
Throwing out preclearance when it has worked and is continuing to work to stop discriminatory changes is like throwing away your umbrella in a rainstorm because you are not getting wet.
Happy first birthday to notoriousRBG the blog! Lest we forget the bad decisions along with the good, here’s the zinger that started it all.