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.

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

A Federal Judge in Virginia has handed a significant legal victory to a student who sued their school district because they were barred form using the bathroom of the gender they identify with.

Texas And Six Other States Sue To End DACA Program

A new lawsuit seeks to have the 2012 DACA program declared unconstitutional.

Federal Judge Blocks New Version Of Trump’s Transgender Military Ban

A Federal Judge has struck down the revised version of the ban on transgender members of the military from serving openly, and the ruling has significance that goes well beyond the issue at hand.

Yes, Non-Citizens are Represented in Congress

If you recall your grade school civics, you already knew this.

Linda Brown, Plaintiff In Brown v. Board of Education, Dies At 75

A woman who was at the center of one of the most important Supreme Court cases in American history has died at the age of 75.

Georgia May Strip Delta Tax Break Over Its NRA Break

I don’t see how the state legislature making tax decisions on the basis of the public position an company takes is legal under the 14th Amendment. 

Federal Court Strikes Down North Carolina Congressional Districts As Partisan Gerrymandering

A Federal Court in North Carolina has issued a stinging ruling against the partisan gerrymandering undertaken by the Republican legislature in that state.

Supreme Court Hears Arguments In Case Pitting First Amendment Rights Against LGBT Rights

The Supreme Court held oral argument in a case that pits First Amendment rights against the rights of LGBT Americans.

Trump Threatens NBC, Upping The Ante In His Despicable War On Freedom Of The Press

Donald Trump is continuing to up the ante in his rhetorical war against one of America’s most fundamental freedoms.

Representative Government and Line Drawing

A complicated concurrence to Steven Taylor’s recent postings.

Justice Department Reverses Obama Era Policy On Discrimination Against Transgender Americans

Reversing an Obama Era position, the Justice Department has rescinded a legal interpretation that purported to apply previously adopted civil rights laws to transgender individuals.

Trump, The Arpaio Pardon, And The Constitution

The pardoning of Joe Arpaio was distasteful and an affront to the Rule of Law, but it was completely within the powers of the President and should not be a ground for impeachment.

Federal Judge Strikes Down Texas Voter ID Law

Texas suffers another legal setback in its effort to pass a Voter ID law.

The Limits of Free Speech

The dangers of the tyranny of the majority have only magnified.

Seventh Circuit Rules In Favor Of Transgender Student In Bathroom Access Case

A Federal appellate court has ruled that a transgender student must be allowed to use the bathroom that corresponds to their gender identity.

Senate Invokes ‘Nuclear Option’ As Gorsuch Nomination Heads To Final Vote

As expected, Senate Republicans invoked the so-called ‘nuclear option’ to move the nomination of Judge Neil Gorsuch forward to a final vote on Friday.

Gorsuch Has Another Good Day In Front Of Senate Judiciary Committee

More fireworks on the second day of the questioning of Neil Gorsuch, but his confirmation nonetheless seems assured.

Fourth Circuit Upholds Maryland’s Ban On So-Called “Assault Weapons”

The Fourth Circuit Court of Appeals has upheld Maryland’s ban on certain so-called “assault weapons,” but it’s unclear if the Supreme Court will even take up the case.

Trump Administration Rescinds Obama Era Guidelines On Transgender Students

Not surprisingly, the Trump Administration has revoked guidelines to public schools that required accommodation of transgender students.

No, The Electoral College Is Not Unconstitutional

Wherein a law professor makes the absurd argument that the Electoral College, which exists pursuant to the Constitution, is unconstitutional.

Donald Trump Opposes Flag Burning, Supports Burning The Constitution

Donald Trump resurrects an old debate and desecrates the Constitution in the process.

Donald Trump Shrugging Donald Trump Shrugging

Is Trump About To Flip-Flop On Immigration?

A report over the weekend raises questions about whether or not Donald Trump is changing positions on a central tenet of his campaign.

Supreme Court Upholds Affirmative Action Based College Admissions Program

In a somewhat surprising opinion from Justice Kennedy, the Supreme Court upheld the University of Texas’s race-based admissions program.

SCOTUS Declines To Review Case Challenging New York, Connecticut Gun Control Laws

Continuing a pattern that began six years ago, the Supreme Court has again declined to hear an appeal in a case involving a challenge to state gun control laws.

Court Of Appeals Rules 2nd Amendment Does Not Guarantee Right to Carry Concealed Weapons

The 9th Circuit Court of Appeals deals a setback to the gun rights movement.

New Jersey Judge Rules Ted Cruz Is A “Natural Born Citizen”

A New Jersey judge, along with a Judge in Pennsylvania, is among the first to rule on the meaning of the ‘natural born citizen’ clause.

Divided Supreme Court Hears Arguments On Affirmative Action In University Admissions

A divided Supreme Court heard argument today in a case involving affirmative action in college admissions that is before the Court for the second time in two years.

Supreme Court Hears Oral Argument On Meaning Of ‘One Person, One Vote’ In Redistricting

The Supreme Court heard oral argument today in a case that could have big implications for redistricting, and the make-up of state legislatures and the House of Representatives.

Some Thoughts on the Pending One Person, One Vote Case

I am having a hard time seeing a system of districts based on eligible voters and not simply population.