By Martha Coakley and Mary Coakley-Welch* We all admire the Framers of our Constitution and Bill of Rights, whose visionary document has such elasticity and longevity! The Supreme Court uses the framework to decide legal issues never even imagined at the time, from the Internet to same-sex marriage. Framing is as crucial now as it was in 1787. She who successfully frames the argument should win, a lesson every first year law student learns during moot court. In legal practice, whether at a …
McCullen v. Coakley: “Something for Everyone”
By Ana Choi The Supreme Court has handed down its decision in McCullen v. Coakley, holding that the Massachusetts statute creating a 35 feet buffer zone around abortion clinics is unconstitutional on First Amendment grounds. Although the holding is unanimous, the majority opinion (written by C.J. Roberts and joined by JJ. Ginsburg, Breyer, Sotomayor, and Kagan) and the two concurring opinions (one written by J. Scalia and joined by JJ. Kennedy and Thomas, the other written by J. Alito) reveal a …
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