The culmination of nearly a decade's worth of research, Dale Carpenter's Flagrant Conduct tells the story of Lawrence v. Texas, the landmark 2003 case holding that bans on "sodomy" violated.
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:.
I would like to buck the conventional wisdom, but I agree with everybody that the grant of cert in Fisher v. UT Austin is almost certainly the end of affirmative.
Stop it, you're killing me: The federal courts are being reshaped by the Obama presidency, thanks to the disinclination of senate Republicans to block appointees. If by "disinclination" you mean.
With respect to how Kennedy is likely to rule on the Prop 8 case, a few additional points. First, in response to Murc here, I should make it clear what.
Like a majority -- although not all -- commentators, I think that Reinhardt's narrow opinion striking down Prop 8 was probably represented the right way to proceed: Still, Reinhardt's decision.
I have some follow-up thoughts to the GPS surveillance decision handed down by the Supreme Court earlier this week. The first major takeaway from the case is that Sonia Sotomayor.