Passing the ERA By Fiat

Amending the Constitution with one simple trick.

No Kings Act and Judicial Supremacy

Was Marbury v. Madison a mistake?

Post-Affirmative Action College Campuses

More data shows a more complicated picture.

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US Government Expands Racial Categories

A major effort to capture the diversity of America.

Keeping Insurrectionists Out of Office

It’s easy if you try.

Transgender Teachers Suing Florida Over Pronoun Restrictions

The inevitable pushback against the pushback has begun.

Righting Past Wrongs

Thousands of LGBTQ veterans are seeking to have their discharges upgraded.

SCOTUS Lets Stand Transgender ADA Inclusion

The justices declined to review a bizarre 4th Circuit decision.

SCOTUS Ends Affirmative Action

The inevitable has happened. Now for the fallout.

Independent State Legislature Theory Loses in SCOTUS

Good news with a cautionary note.

Supreme Court Strikes Down Alabama Districts

A surprising ruling on the Voting Rights Act.

Student Defies Judge at Graduation

Because screw the other students.

High School Graduation and Individual Expression

Either it’s a public forum or it’s not.

Sandra Day O’Connor and Bush v Gore

New documents reveal the internal deliberations of the Court.

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Colleges Fear Affirmative Action’s Demise

A pending Supreme Court ruling could be more impactful than many realize.

Rehnquist and the ‘Independent State Legislature’ Theory

The late Chief Justice was right; his successors are wrong.

We Don’t Need No Stinkin’ Constitution

Is it time to call the whole thing off?

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.