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16 Jun 2020, 6:30 am by Guest Blogger
On the role of bigotry claims in Obergefell v. [read post]
15 Jun 2020, 3:27 pm by Jane S. Schacter
Kennedy wrote Romer v Evans (striking down a ballot measure broadly banning gay civil rights protections); Lawrence v Texas (striking down a criminal ban on consensual sodomy); United States v Windsor (striking down the federal Defense of Marriage Act); and Obergefell v Hodges (striking down bans on same sex marriage). [read post]
12 Jun 2020, 2:35 pm by Masha Simonova
Federal sovereign immunity doctrine holds that no one can sue the United States without its consent—sovereign immunity is thus pleaded around by suing officers. [read post]
9 Jun 2020, 9:30 pm by ernst
United States, which is forthcoming in the Journal of Supreme Court History (2020):"The Executive Wink" (NYPL)This article is excerpted from the forthcoming Volume X of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States, which covers the period 1921-1930 when William Howard Taft was Chief Justice. [read post]
14 May 2020, 9:01 pm by Vikram David Amar
We can also consider more contemporary lower court decisions adjudicating challenges to laws discriminating on the basis of sexual orientation.One important theme running through this precedent employs a recurring set of criteria (tracing back to the famous Footnote 4 of the United States v. [read post]
1 May 2020, 7:00 am by Guest Blogger
United States, Justice Gorsuch  issued a 33 page manifesto, cast as a dissenting opinion, dismissing Scalia’s deferential perspective as a “blank check” to federal bureaucrats. [read post]