May It Please the Court…

May it please the court.”

The words are enough to strike terror into the hearts of most attorneys I know.  They are the first words you speak when you address the Wisconsin Supreme Court in an oral argument.  The words are ritual, as standardized and formulaic as Kabuki theater.  And I was about to say them myself . . . if I just didn’t faint.

I have a framed photo on my desk at work.  It dates from perhaps a year before I started law school at the age of forty, and only a few months before I would break my back in a riding accident, spend three painful months in a body cast, and have the world as I knew it divide into “before” and “after.”

In the photo, I’m standing in a winter woods, with my four children gathered around me.  They range, in that picture, from about three years old to thirteen.  We are surrounded by pristine snow and bare trees, and framed in a pretty fieldstone archway.  I am beaming, and my entire universe revolves around keeping them safe and warm and out of harm’s way.  If you had walked up to me then and told me that in just a few short years I would not only be a criminal prosecutor but find myself arguing cases before the state supreme court, I would have given you the same stare as if you’d told me a genealogical search had just revealed that I was really the Queen of England, and a Lear jet was standing by to whisk me back across the pond.  Oh, and the roof at Buckingham Palace needs fixing.

I might have smiled pleasantly, rolled my eyes . . . and then called the police.

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Son of a Beach

Aldeburgh beach, SuffolkThink of property rights as a bundle of sticks. Each stick represents a different right. Different bundles will include different sticks. Everyone remembers the first day of Property class. It was this idea that came to mind when I was reading the recent Supreme Court decision in Stop the Beach Renourishment v. Florida Department of Environmental Protection. In this case, the state of Florida, by way of the Department of Environmental Protection, sought to add seventy-five feet of famous white sand beach in Destin, Florida to renourish beaches that had suffered from erosion.

Sounds good, right? Not if you are an owner of Destin littoral property.

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Legal Legitimization: Recent Court Cases and the LGBTQ Reality



Lately, courts all across the country have been standing up to religious (or sometimes what’s called “moral”) bias against the LGBTQ community. In one way, it is not surprising that there have been so many recent cases, because such bias is a pervasive part of the legal reality members of LGBTQ community face on an everyday basis. Nonetheless, theses sorts of court decisions seem to be, at this particular moment in time, flying out the doors of courthouses all over the country. I’ll take a moment to hit some of the high points before getting down to the real question: does it even matter?

In March of this year, a federal judge held that a lesbian teen’s First Amendment rights had been violated when the Itawamba County School District refused to allow her to bring a female date to the prom. The district had banned same-sex couples at the prom in the past, but Constance McMillen implored them to make an exception. The district refused, and McMillen, represented by the ACLU, sued them on First Amendment grounds. The federal judge agreed that her rights had been violated but refused to grant her request that the school still sponsor a prom to which she could bring a female date.

In another federal case, in July, the United States District Court for the District of Columbia ruled that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional. Section 3 reads as follows:

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