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28 Aug 2014, 9:01 pm
A few months ago, I wrote about an effort by the California legislature to undo an unwise (but duly enacted) voter initiative involving immigration policy. [read post]
12 May 2019, 9:01 pm
President Trump’s tweet a few weeks ago—indicating that he “would first head to the U.S. [read post]
29 Jun 2017, 9:01 pm
In light of the various ongoing investigations—some by special DOJ counsel Robert Mueller and others by various congressional committees in both houses—of members or associates of President Trump’s administration, there is a great deal of talk these days about “executive privilege” that the president may or may not enjoy to shield from view communications he has with his advisors. [read post]
5 Jun 2014, 9:01 pm
While many analysts this month are understandably focused on the blockbuster rulings that are due from the Supreme Court in June—the back end of the Supreme Court litigation process, if you will—in my column today I introduce and briefly analyze the front end of three cases on which the Court has granted review for the next Term, which begins this fall. [read post]
4 Dec 2014, 9:01 pm
In an essay for this website a few weeks ago, my fellow columnist and friend Mike Dorf wrote about how the Obamacare statute (Act) might be in danger in the King v. [read post]
23 May 2013, 9:01 pm
In today’s column, I analyze a significant administrative law case handed down by the U.S. [read post]
18 May 2017, 9:01 pm
Although I had planned to write on another subject this week, recent and fast-moving events warrant attention to the topic of impeachment, a process more and more commentators (and some legislators on Capitol Hill) have been mentioning. [read post]
25 Jul 2016, 9:01 pm
A few weeks ago, the U.S. [read post]
14 Dec 2017, 9:01 pm
The year that is winding down brought many legal twists and turns at the highest levels of the federal government, and 2018 promises to be just as legally interesting and important. [read post]
26 Jun 2019, 9:01 pm
June 2019 might become known in Illinois as the month the state legalized marijuana use, but I hope it remains better remembered as the 100th anniversary of Illinois’ ratification of the Nineteenth Amendment—the provision in the Constitution that prohibited discrimination in voting on account of sex. [read post]
22 Sep 2016, 9:01 pm
Columns on this website that examine judicial rulings tend to focus on the very last stage of litigation—a U.S. [read post]
31 May 2018, 9:01 pm
The tension between states and localities, on the one hand, and federal authorities, on the other, over so-called “sanctuary” jurisdictions has been one of the most politically charged federalism flashpoints since President Trump took office. [read post]
8 Oct 2015, 9:01 pm
Last year at the Supreme Court, there was some level of drama about who would win or lose what I (and many other analysts) thought were the major cases; most people expected Justice Kennedy to join (as he did) with the more liberal Justices to recognize a national right of marriage equality for same-sex couples, but folks were less confident about the results in the Obamacare tax subsidies case and the challenge to Arizona’s independent redistricting commission, to name just a few. [read post]
28 Jun 2018, 9:01 pm
Immigration issues have dominated the headlines for the past three weeks, if not longer. [read post]
19 May 2019, 9:01 pm
From the Right and from the Left, legislatures are considering—and in many cases enacting—laws that have no meaningful chance of surviving judicial challenge under the U.S. [read post]
21 Jul 2020, 7:00 am
David Hudson, Jr. is an assistant professor of law at Belmont University. [read post]
27 Dec 2018, 9:01 pm
An interesting and potentially important lawsuit in federal court in Arizona is challenging the way state officials have sought to deal with the vacancy in the US Senate created by Senator McCain’s death four months ago (on August 25, 2018). [read post]
24 Jan 2019, 9:01 pm
Last week an Alabama trial court judge (Michael Graffeo) made national news when (literally just minutes before his judicial term expired and he began retirement) he held that the Alabama Memorial Protection Act (AMPA)—which prohibits public jurisdictions within the state from altering or otherwise disturbing public monuments that have been in existence for at least forty years—violated the Fourteenth Amendment free speech and due process rights of the City of Birmingham, which sought to… [read post]
30 Nov 2017, 9:01 pm
Over the next few weeks, law school final exams will be in full swing at almost every law school in the country. [read post]
13 Nov 2019, 6:58 am
In a 2015 article for The Washington Post reviewing Melvin Urofsky’s book, “Dissent and the Supreme Court,” David Cole wrote, “What determines a great dissent … is not necessarily the power of the argument but the shifting tides of history. [read post]
