Thursday, May 12, 2005
The opinion is here. Eugene Volokh has a good summary and response, and I generally agree with his analysis, and especially his conclusion that this will be overturned. I think it might be overturned on a more fundamental issue though: standing. It is not clear to me that the associations at issue should be allowed standing to challenge this constitutional amendment.

But more importantly, if the opinion were the law (it is not - it is a horribly flawed opinion frankly), the slippery-slope consequences would be astounding. The case would have to be limited to its facts to prevent those consequences, which is the hallmark of a bad decision.

It will be interesting to see just how harsh the appellate court is on this opinion.
Take Me Back Home

About Me 
My Photo
Location: Chicago, Illinois, United States

I am an attorney in Chicago. Politically speaking, I am an indepedent that tends to lean conservative on fiscal issues and progressive on social issues. I try to remain as unbiased and open-minded as possible. Please email or post any comments, and especially criticisms. If something I say is wrong, or you disagree - let me know about it!

Email Me Your Comments

Site Feed


Technorati Profile
Technorati search


|| Powered by Blogger

Blog Design by:

Weblog Commenting and Trackback by

Creative Commons License
This work is licensed under a Creative Commons License.

The views expressed on this website are solely those of the author, and do not necessarily represent the views of his employer or any other organization or person.

Nothing in this weblog is intended as legal advice, nor should anything contained in this weblog be construed as legal advice.

This is a forum for personal views and opinions. Accessing this website is not a consultation for legal advice or services and nothing contained in this weblog creates an attorney-client relationship nor should it be construed as creating an attorney-client relationship.

The Ecosystem 

Some Rights Reserved - - Copyright ©2005