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Candidates is a first amendment fundamental right. it says that i was quoting buckley im sure or citing buckley to that effect. then the question becomes what level of scrutiny should we apply to that case? buckley suggests its something less than strict strikeout me in the first amendment context for contributions. thats the instruction that i as lower court judgev in the first amendment context. but this was an equal protection challenge okay, saying its not just contributions its the inqualit...
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Norm scrutiny context. i had two great opinions -- >> okay. i did read it. >> im almost done. >> okay. i understand that. heres the deal. the other judges were happy just decided on the narrow basis, right? so you write the concurrent opinion to bring up this other issue. i think again about justice white, who you have -- is your mentor or was your boss. theres a law review articles from the dean of tulane time and time again, justice white avoided broad theoretical basis where a regular rationa...
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You wrote a concurrence to your this move, if as you i ply in your concurrence, or you dont imply, you say, it could have titanic real-world implications when it comes to rules, 13,500 cases since 1984. in your book you say you dont overturn precedent unless accepted and a firmed by courts and people have reliance on the decision. so my question is, why in -- youre concurring. senator feinstein asks you about the facts of the case. in the concurring opinion, you say "theres an elephant in the ro...
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Because colorado couldnt meet even rational basis test. forget about whether its strict scrutiny or something close to strict scrutiny. it couldnt meet rational basis test because colorado couldnt articulate any good reason, maybe there is one out there, i dont know, but i said they have articulated nothing. >> lets continue on now with some other cases because it is a bit of a pattern. not a concurring opinion, but in the hobby lobby case you found the corporations were legal persons and could ...