Originalism and the Declaration of Independence

The implications of modes of interpretation.

Democrats in Disarray, Abortion Edition

Here we go again . . . .

Queer Couples, Divorce, and Custody Rights

An ugly divorce exposes a gap in our legal structure.

1+1=3 1+1=3

Pence Likens Election Reform to Capitol Riots

It doesn’t add up.

Warren’s Argument for Court Packing

It’s not compelling.

Is California Recall Unconstitutional?

A novel but flawed legal argument.

An Example of Illegal Voting

An arrest underscores what the problem isn’t.

Third Circuit Rejects Trump Campaign Appeal

They were rejected bigly.

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.

Is the Death Penalty Unconstitutional?

Dissenters to a denied emergency appeal argue it is.

Interpreting Interpretation

A too-long discourse on how courts should function.

Ginsburg Says Start Over on ERA

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

Putting the Amendment Process in Perspective

Continuing a discuss from below.

A Rebirth For The Equal Rights Amendment? Maybe, Maybe Not.

The Democratic victory in Virginia’s legislative elections has revived hopes for advocates of the Equal Rights Amendment, Even if Virginia does become the 38th state to ratify the measure, though, the actual status of the Amendment is exceedingly unclear.

Federal Judge Blocks California Law Requiring Disclosure Of Candidate Tax Returns

Late last week, a Federal Judge in California placed on hold a state law requiring candidates to provide copies of their tax returns.

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.

Trump Administration Appears To Flip-Flop On Census

A day after appearing to have conceded the issue, the Trump Administration says it is still looking for a way to include a citizenship question on the ballot.

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.

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.

Time to Reconsider New York Times v Sullivan?

Justice Clarence Thomas argues that a 55-year-old precedent should be overturned.

New Hampshire Supreme Court Rejects Challenge To Prosecutions Of Topless Women

The New Hampshire Supreme Court rejected a challenge by three women to their prosecution for going topless on a public beach in the Granite State.

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.

New Washington State Law Bars ‘Assault Weapons’ Sales To People Under 21

Washington has become the latest state to ban the sale of semiautomatic assault rifles to persons under 21.

Another Federal Court Rules Against Trump On DACA

Late last week, the Ninth Circuit Court of Appeals became the fifth Federal Court to rule against the Trump Administration’s efforts to repeal DACA.

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.

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.

Washington State Supreme Court Declares Death Penalty Unconstitutional

Last week, the Washington State Supreme Court declared the death penalty unconstitutional. The latest in a string of victories for opponents of capital punishment.

Texas Trying To Force Students To Stand For Pledge Of Allegiance

The State of Texas is arguing in Court that a school district can force a student to stand for the Pledge of Allegiance. This is a blatant violation of the First Amendment.

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 Deals Another Blow To Trump’s DACA Order

Another Federal Judge has dealt a legal blow to President Trump’s effort to shut down the DACA program.

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.

Army Refutes AP ‘Army Discharging Immigrant Recruits’ Story

The situation isn’t as awful as portrayed by the AP—but it’s still pretty bad.

Donald Trump Once Again Goes To War Against The Rule Of Law

Donald Trump continues to demonstrate that he has nothing but utter contempt for the Rule of Law. At some point, he will either be called to account for this or our nation’s institutions will suffer as a result.

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.

Is The E.R.A. Really Just One State Away From Ratification? Maybe, Maybe Not.

Earlier this week, the Illinois legislature ratified the Equal Rights Amendment. What’s unclear is if this act has any meaning at all.

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.

Trump’s DACA Order Suffers Another Loss In Court

The Trump Administration has suffered another setback in its efforts to repeal DACA.

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.

Air Force Recognizes Colonel’s Right to Discriminate Against Spouses of Gay Airmen

Leland Bohannon objects to same-sex marriage on religious grounds. What rights should he have to act on that belief?

Citing Trump’s Rhetoric, Judge Allows Lawsuit Against DACA Order To Proceed

A Federal Judge In New York City is allowing a lawsuit against the President’s DACA order to go forward, and he based part of his ruling on the President’s own rhetoric.

Justices Again Appear To Be Divided In Second Partisan Gerrymandering Case

The Supreme Court heard oral argument in the second partisan gerrymandering case of the term, and once again they appear to be divided.

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.