June 2011

The Sky’s the limit.  Or so says Chief Justice Roberts who, in dissent, thought that injured rairoad workers should have to show that their injuries were proximately caused by their employers.  The Supreme Court rejected that interpretation of the statute and held that proximate cause was not fairly read into the Federal Employer’s Liability Act.  So

Liberty.  While liberty is a magical word for many a sailor and Coast Guardsman, today Justice Kennedy reminds us that liberty is a fundamental underpinning of the U.S. Constitution.

"If the constitutional structure of our Government that protects individual liberty is compromised, individuals who suffer otherwise justiciable injury may object."

I don't often blog about