constitutional law
The hot argument based on today's argument is likely to be the idea that the Supreme Court will just duck the question of the ACA's constitutionality using a jurisdictional dodge..
Say it, Justice Ginsburg. Much more on this travesty imminently. The short version is that Supreme Court has joined the War on Women by combining a "federalist" doctrine that is.
One of the plaintiffs challenging the constitutionality of the Affordable Care Act doesn't the government has the authority to compel her to purchase health insurance. Rather, she would prefer that.
I have a piece for the Prospect that, among other things, argues that making "immutability" a major factor in whether a classification should be subject to heightened scrutiny is anachronistic:.
There are a number of problems with Michael Gerson's column in the Washington Post arguing that the Obama administration's application of contraceptive coverage requirements to institutions providing secular services but.
A couple people in comments endorsed Jason Mazzone's critique of the Ninth Circuit panel's narrow opinion ruling Prop 8 unconstitutional and asked for my reaction. To paraphrase Byron White, I.
The 10th Circuit struck down the idiotic and flagrantly unconstitutional ban on "sharia" and "international" law passed by the fine citizens of Oklahoma last year. Good; I would have hated.
Gordon Hirabayashi, a civil rights hero who was arrested while attending my alma mater and ended his career teaching at my native province's flagship university, passed away at age 93. .