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The Wednesday Curator – 3/11/15

March 10, 2015

The Curator shares much—well, everything, truth be told—with MRW. Thus, this week we start with Sotomayor May Have Saved Obamacare by Cristian Farias for Slate on March 6. The piece offers a recounting of the way in which the federalism issue developed last week in the King v. Burwell oral argument. Interesting to me? How little credit Justice Sonia Sotomayor has gotten in the mainstream media for seemingly setting the hook for Justice Anthony Kennedy and, perhaps, Chief Justice John Roberts.

Michael Tomasky edits Democracy: A Journal of Ideas, and writes about politics and related matters. Here, for the March 19, 2015 issue of The New York Review of Books, he has written 2016: The Republicans Write, which

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The Wednesday Curator – 3/4/15

March 3, 2015

Mark Rubin

On Wednesday, October 8, I mentioned Coming Around Again and major crush Carly Simon. Twenty-one weeks have passed, Wednesday’s are still coming around again, every seven days, and I’m still smitten.

This week, three notable people left us: Rev. Theodore Hesburgh, retired president of Notre Dame University; Minnie Minoso, the (almost) forever Chicago White Sox outfielder; and Leonard Nimoy aka Spock. Each of these men lived long. Each prospered in his chosen field(s). We’re better for their having been with us, and may their memories be for a blessing!

Politics and angst have the Curator’s head spinning right now, so we’re focusing on other matters. The blue dress, for example. No, not the one which “that woman,

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Big Week at the Supreme Court!

March 1, 2015

Mark Rubin

It’s a big week at the Supreme Court. The Court here’s oral arguments on March 2 in Arizona State Legislature v. Arizona Independent Redistricting Commission, No. 13-1314. (I was a finalist for the Redistricting Commission; often, we are blessed in failure!) The Court has framed the issues as follows: (1) Whether the Elections Clause of the United States Constitution and 2 U. S. C. § 2a(c) permit Arizona’s use of a commission to adopt congressional districts; and (2) whether the Arizona Legislature has standing to bring this suit.

The “Elections Clause” provision is located in Article I, Section 4. It states: “The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in

Arizona State Legislature, Bob Grabb, King v. Burwell, Linda Greenhouse, Steve Kimble, supreme court

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King v. Burwell; Can’t Quite Let It Go!

February 20, 2015

Mark Rubin

The Supreme Court will hear from counsel for the parties in King v. Burwell on March 4, a week from Wednesday. I have some thoughts. I want to start by sharing the issue, as the Court formulated it:

Whether the Internal Revenue Service may permissibly promulgate regulations to extend tax-credit subsidies to coverage purchased through exchanges established by the federal government under Section 1321 of the Patient Protection and Affordable Care Act.

Note what issues are not before the Court: Obamacare is bad; Obamacare costs me money; But freedom; etc. If process matters, the narrow question before the Court involves the right of the IRS, as the agency charged with administering the subsidies, to interpret the statute as it

King v. Burwell, Obamacare, Patient Protection and Affordable Care Act

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Science and the Old Testament: Reconciled

February 7, 2015

Mark Rubin

Today our lesson involves the scientific method and the Old Testament. Now, in today’s highly charged world, science and religion seem to be at odds with one another, and that’s a polite characterization. Read The Creation of Debate by Phil Plait for Slate, a year ago, for some background. (Mr. Plait covers the Bill “The Science Guy” Nye/Ken “Creation Museum Guy” Ham debate about evolution v. creationism, and more.)

I have a theory—not provable, at all—which actually reconciles the two positions. First, though, a bit of background.

The Torah, also known as the Five Books of Moses and the Pentateuch, dates back to 450 BCE, or some 2450 years ago. The Torah is a historical text, purportedly explaining early life

Bill Nye, Bradley Byrne, creationism, evolution, Ken Ham, Old Testament, scientifi method, Torah

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The Wednesday Curator – 2/4/15

February 3, 2015

Mark Rubin

I’ve written plenty about King v. Burwell and the latest fight in the Supreme Court about the Affordable Care Act. No new news, but when a writer—in this case, Garrett Epps for The Atlantic on February 2—manages to connect Harry Potter to healthcare, not sharing is not right. Harry Potter and the Healthcare Statute of Doom is excellent! (CBR, this one’s for you!)

Elizabeth Drew has been writing smartly about politics since yours truly was two, and every one of the 55 years which have passed since then scream and holler when I stand up. (More stretching!) For the February 19, 2015 issue of The New York Review of Books, Ms. Drew has written The Republicans: Divided & Scary.

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DeBoer v. Snyder: An Update

January 19, 2015

Mark Rubin

On Friday, January 16, the U.S. Supreme Court granted certiorari to several same-sex couples, all of them plaintiffs in DeBoer v. Snyder, et al., No. 14-571. The plaintiffs have asked the Court to overrule the opinion issued by the 6th Circuit on November 6, 2014. (MRW covered that issue in Same Sex Marriage in Michigan, Ohio, Kentucky, and Tennessee: An Analysis of DeBoer v. Snyder.)

Certiorari was not unexpected, as the 4th, 7th, 9th, and 10th circuits have all ruled in favor of same sex marriage. Nothing requires the Court to resolve a split among the circuit courts, but it happens routinely when the split involves an issue that reaches many people.

In its order granting certiorari

DeBoer v. Snyder, Rick Hasen, U.S. Supreme Court

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Spiderman Goes to the Supreme Court

December 22, 2014

Mark Rubin

The U.S. Supreme Court granted a writ of certiorari in Kimble et al. v. Marvel Enterprises, Inc., No. 13-720 on December 12, 2014, aka the Spiderman case. The plaintiffs are Tucson attorneys Steve Kimble and Bob Grabb; their involvement aside, however, the case offers a look inside the world of patent law.

Steve Kimble developed an add-on device for spraying Silly String, a la Spiderman. While he was obtaining a patent, he pitched his idea to Marvel. Its people passed, but said they would pay if they used the idea. Later, Marvel marketed what amounted to the same toy. Litigation ensued, and there was a settlement, which included cash and royalty payments. (Bob Grabb acquired an interest in

Bob Grabb, Brulotte v. Thys, Easterbrook, Marvel Enterprises, Posner, Scalia, Spiderman, Steve Kimble, supreme court, University of Chicago

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Posner, Northwestern & Chabad

November 24, 2014

Mark Rubin

Judge Richard Posner, mentioned here before, is a Senior Judge on the 7th Circuit Court of Appeals, where he has served for almost 33 years. He still teaches at the University of Chicago, part-time, and he’s written almost 40 books and hundreds and hundreds of articles. The Journal of Legal Studies says he’s the most cited legal scholar of the 20th century.

Appellate court judges like Judge Posner are charged with making sure that in lower court proceedings, rules got followed. Months or a year or more later, they function as the instant replay. They check the trial judge, making sure he or she called things properly, and that any missed calls matter with respect

chabad, Klein, northwestern, Posner

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Same Sex Marriage in Michigan, Ohio, Kentucky, and Tennessee: An Analysis of DeBoer v. Snyder

November 17, 2014

Mark Rubin

DeBoer v. Snyder, No. 14-1341, is one of six cases, consolidated on appeal to the 6th Circuit Court of Appeals, addressing same sex marriage. In a 2-1 decision on November 6, the 6th Circuit became the first circuit court which refused to permit same sex marriage in the aftermath of Windsor v. United States.

The majority opinion was written by Judge Jeffrey Sutton, a well-known conservative judge from Ohio. The case is about process, Judge Sutton tells us. His second sentence reads: “From the vantage point of 2014, it would now seem, the question is not whether American law will allow gay couples to marry; it is when and how that will happen.”

Judge Sutton

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