On the Keller at Large MASSter List podcast, Jon Keller recently shared his personal hot-take on the Desrosiers v. Baker case that I argued before the Supreme Judicial Court on September 11th. Quoting a character from Charles Dickens’s Oliver Twist who famously declared “the law is an ass,” Mr. Keller said, “sometimes that applies to lawyers too.”
Two things are certain. First, the Constitution is not an ass. It is the supreme law—the bulwark protecting our civil liberties from arbitrary rule. Second, Desrosiers v. Baker is no joke or nuisance suit. Rather, it raises fundamental questions about which branch of government may exert police powers over citizens.