SCOTUS Declines to Declare American Samoans Citizens

The court, rightly, punted the issue to Congress and local leaders.

The January 6 Hearings Are Over. Now What?

The investigation produced mounds of evidence. Will it matter?

The Respect for Marriage Act Versus The Filibuster

Another example of why the filibuster needs to go.

House Passes Marriage Protection Bill

The symbolic vote attracted a handful of Republican votes.

Judicial Supremacy vs Popular Constitutionalism

Who should have the final say on the law of the land?

Abortion and the Filibuster

Assuming they had the votes, should Democrats carve out yet another exception?

The Disqualification Clause and January 6

A provision of the 14th Amendment to keep Civil War generals out of office is back in play.

1+1=3 1+1=3

Pence Likens Election Reform to Capitol Riots

It doesn’t add up.

Debt Ceiling Thoughts

American exceptionalism at its worst. (Plus some history!).

Women Likely to be Included in Draft

A long-overdue change appears to be happening.

SCOTUS’ Consistent Inconsistency on Voting Cases

A defensible distinction could give way to a Constitutional crisis.

Does the Constitution Cover Texas?

The Lone Star state is making up its own rules.

Ginsburg Says Start Over on ERA

A feminist icon offers some advice her allies will not want to hear.

Fifth Circuit Blocks Mississippi Ban On Abortions After 15 Weeks

The Fifth Circuit Court of Appeals has blocked a Mississippi law that banned nearly all abortions after the 15th week of pregnancy.

Mississippi Wedding Venue Refuses Service To Interracial Couple, Citing Religious Beliefs

A wedding venue in Mississippi is citing religious beliefs in support of its decision not to allow an interracial couple to utilize their facilities.

Conservatism without Originalism

A defense of a modest philosophy of judicial interpretation.

Federal Court Rules In Favor Of Transgender Student In Bathroom Access Case

A Federal Court has ruled once again in favor of a transgender student in Virginia who was prevented from using the bathroom conforming to their gender identity.

John Paul Stevens, Former Supreme Court Justice, Dies At 99

Just over nine years after retiring from the Supreme Court, former Associate Justice John Paul Stevens has passed away at the age of 99.

Supreme Court Takes Federal Courts Out Of Partisan Gerrymandering Fight

In a significant setback for challenges to partisan gerrymandering, the Supreme Court has effectively ruled that Federal Courts do not have jurisdiction to hear challenges to redistricting based on partisan motivations.

Washington Supreme Court Rules Against Florist Who Refused To Serve Same-Sex Couple

The Washington State Supreme Court has ruled against a Seattle-area florist who refused to provide flowers for a same-sex wedding.

Federal Judge Blocks Mississippi’s ‘Heartbeat’ Abortion Law

A Federal Judge in Mississippi has blocked Mississippi’s law that purports to ban abortions after detection of a fetal heartbeat.

Lawsuit Filed Against Alabama’s Plainly Unconstitutional Abortion Law

The American Civil Liberties Union has filed a lawsuit against Alabama’s patently unconstitutional abortion law.

Another Republican Assault On Abortion Rights

Following in the footsteps of Alabama, the Missouri legislature has passed a law that would severely restrict abortion rights in the Show Me State.

Alabama Bans Most Abortions

We’ve soon see whether the current Supreme Court will overturn Roe v Wade.

Federal Judges Rule Ohio Congressional Districts Are Unconstitutional

A panel of three Federal Judges has found Ohio’s Congressional District map to be unconstitutional, but a case currently pending before the Supreme Court could mute the impact of this decision.

Federal Court Finds Michigan Districts Unconstitutionally Gerrymandered

A Federal Court in Michigan has found several of that state’s Congressional and state legislative districts to have been subject to extreme partisan gerrymandering.

Census Constitutionally Required to Ask Citizenship Question?

A novel argument, untested in court, suggests that it might.

SCOTUS To Decide If Civil Rights Laws Bar Discrimination Against LGBT Employees

The Supreme Court has agreed to accept a group of cases dealing with the issue of whether or not existing civil rights laws bar discrimination based on sexual orientation and gender identity.

Justices Divided on Partisan Gerrymandering

Oral argument hints that we may have a 5-4 ruling allowing state legislatures to continue stacking the deck.

Majority Of Americans Oppose Overturning Roe v. Wade

A new poll shows that most Americans believe the Supreme Court’s landmark Roe v. Wade decision should remain the law on the land. Opinion on other abortion-related issues is more divided.

Supreme Court Places Limits On Civil Asset Forfeiture

The Supreme Court issued a ruling that places new limits on civil asset forfeiture by state and local government.

Does Tulsi Gabbard Have A “Natural Born Citizen” Problem? No, She Doesn’t

Tulsi Gabbard was born in American Samoa, an American territory whose residents are generally not American citizens from birth. However, she is nonetheless a “natural born citizen.”

Federal Judge Blocks Citizenship Question From 2020 Census

A Federal Judge has blocked the Trump Administration from going forward with a plan to put a question about citizenship on the 2020 Census.

Supreme Court Takes Up Two New Partisan Gerrymandering Cases

The Supreme Court is taking up the issue of partisan gerrymandering. This time, though, they’re likely to reach the merits of the cases rather than punting like they did last year.

Supreme Court Appears Poised to Rein In Civil Asset Forfeiture:

The Supreme Court appears ready to impose at least some limits on civil asset forfeiture at the state level.

Trump Asks Supreme Court To Take Up Challenges To Transgender Military Ban

The Trump Administration is attempting to bypass the Circuit Courts of Appeal and get immediate Supreme Court review of the President’s ban on transgender Americans serving in the military.

Federal Judge Strikes Down Mississippi Law Barring Abortion After 15 Weeks

A Mississippi law that seeks to ban most abortions after 15 weeks was struck down by a Federal District Court Judge.

Birthright Citizenship Isn’t Just The Law, It’s A Good Idea Too

In addition to being mandated by the Constitution, birthright citizenship goes to the core of what it means to be an American.

SCOTUS To Consider Case On Employment Discrimination Based On Gender Identity

The Supreme Court is set to consider whether to take a case involving employment discrimination based on gender identity.

Legal Experts Weigh In On Trump’s Silly Birthright Citizenship Ideas

Overwhelmingly, legal experts agree that President Trump is wrong about birthright citizenship and the Fourteenth Amendment.

Trump Says He Will End Birthright Citizenship Via Executive Order, But He Can’t

President Trump is now claiming he will end birthright citizenship for the children of undocumented immigrants via Executive Order. He clearly lacks the authority to do this.

Federal Court Tosses North Carolina Congressional Districts For Second Time

For the second time this year, a three-judge panel of Federal Judges has struck down North Carolina’s Congressional District map. The immediate question is what impact, if any, this will have on November’s election.

Lawsuits Challenge “Winner Take All” Allocation Of Electoral College Votes

A group of lawsuits filed across the country are seeking to challenge the predominant method for allocation of Electoral College votes. These lawsuits appear to have little merit.

Federal Judge In Indiana Rules In Favor Of Transgender Student

Another Federal Judge has ruled in favor of a transgender student seeking the right to use the gender that conforms to the gender they identify with.

Federal Judge Rules In Favor Of Transgender Students In Restroom Access Case

A Federal Judge in Oregon has rejected an efforts by a parent’s group to block a school district policy that allows transgender students to use the restroom facilities that conform to their gender identity.

On Birthright Citizenship

More evidence that the politics of the moment aren’t just about illegal immigration.

Anthony Kennedy’s Right to Retire

A thoughtful liberal argues the Justice has “altered and destroyed his legacy” by allowing Donald Trump to appoint his successor.

SCOTUS Punted On Partisan Gerrymandering, But The Issue Isn’t Going Away

The Supreme Court avoided ruling on the merits of two partisan gerrymandering cases, but the issue will be back before them sooner rather than later.

Supreme Courts Let Partisan Gerrymandering in Wisconsin and Maryland Stand (For Now)

A 9-0 ruling side-stepped the broader issue of to what extent purely political considerations may be applied.