April 2011

Firm's Withdrawal in Gay Marriage Case Raises Ethical Issues

This week, the law firm King & Spalding withdrew its representation of the U.S. House of Representatives in defending the Defense of Marriage Act, which prohibits the federal government from recognizing same-sex marriages in states where such unions are legal. While it was clear that the case would be politically controversial from the start, the lead attorney for the House of Representatives and former U.S. Solicitor General Paul Clement vehemently objected to the firm’s withdrawal and immediately resigned from the firm. 

Posted: 4/29/2011 10:18:04 AM by On the Merits Editor | with 0 comments

Harvard Prof Predicts Politics-Free Health Care Decision

Those who believe that U.S. Supreme Court decisions are based on politics rather than law got something of a smackdown from Professor Laurence Tribe of Harvard Law School in an op-ed piece published by The New York Times. In the commentary, Prof. Tribe provides myriad reasons why the high court will not strike down the recently-enacted overhaul of health care, citing the fact that members of the Court have long upheld a broad interpretation of the Necessary and Proper clause, including some of the very Justices who are assumed to oppose the law.

Posted: 4/1/2011 12:00:00 AM by Global Administrator | with 0 comments

About This Blog

Thanks for stopping by On the Merits, the first blog from the Texas Center for Legal Ethics. On the Merits will take a close look at significant legal stories with an eye toward addressing the legal myths and misconceptions that turn up in news stories, movies, TV programs, websites, anonymous emails and other forms of mass communications. Our goal at On the Merits is to provide readers with a thoughtful examination of what the media and others are saying about the legal profession and to apply the frequently-absent context of how the legal system actually works.

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