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Clarence Thomas, Facebook Justice

By Steve Klepper (Twitter: @MDAppeal)

On the occasion of Wall Street discovering that Facebook is no longer cool,[1] and on the occasion of the Supreme Court denying certiorari in the Facebook privacy class-action, I decided finally to offer my thesis that Justice Clarence Thomas is a justice for the Facebook era.

Virtually nothing is certain regarding the legislative prayer case, Town of Greece v. Galloway, being argued today before the Supreme Court. But I see one safe bet: Justice Thomas will write a separate opinion expressing his view that the Establishment Clause binds only the Federal Government, not the states. See, e.g., Zelman v. Simmons-Harris, 536 U.S. 639, 678-79 (2002) (Thomas, J., concurring). Read More…

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On the “Maryland Supreme [sic] Court”

By Steve Klepper

“‘Sullivan & Gilbert’? Who are they?” – W.S. Gilbert, Topsy-Turvy (1999)

As the 2013-14 federal law clerks get to work, I’ll provide a quick note of caution. If you’re referring to a state appellate court, you need to get the name right. Your busy judge and the opinion publishers may fail to catch an error that will be immortalized on Westlaw. Read More…