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10 Jul 2015, 5:43 am by Timothy P. Flynn
He then cited to some of the landmark cases involving homosexuality such as Bowers v Hardwick [the 1986 case that upheld Georgia's criminalization of certain homosexual acts]; Lawrence v Texas [the 2003 decision overruling Bowers]; and of course, United States v Windsor [striking down as unconstitutional the federal Defense of Marriage Act which defined a marriage as solely between one man and one woman in the federal benefits context].Justice Roberts' principal dissent makes the following… [read post]
29 Jun 2015, 9:01 pm by Michael C. Dorf
Given the recent rapid swing in public opinion regarding same-sex marriage and sexual orientation more broadly, the Supreme Court’s historic ruling in Obergefell v. [read post]
3 Jun 2015, 11:02 am
"Supreme Court Jail Suicide Case Illustrates the Breadth of Qualified Immunity": Law professor Michael C. [read post]
2 Jun 2015, 9:01 pm by Michael C. Dorf
In 1871, Congress enacted the Ku Klux Klan Act, one provision of which—now codified at 42 U.S.C. [read post]
5 May 2015, 9:01 pm by Michael C. Dorf
During last week’s oral argument in the same-sex marriage cases, Justice Antonin Scalia posed an arresting question for the plaintiffs’ lawyer, Mary Bonauto: If she wins a constitutional right to same-sex marriage for her clients, would that mean that clergy who will not officiate at same-sex wedding ceremonies would forfeit the power to officiate at opposite-sex wedding ceremonies? [read post]
23 Apr 2015, 8:04 pm
"What Same-Sex Marriage Teaches About Social Change and the Supreme Court": Law professor Michael C. [read post]
7 Apr 2015, 9:01 pm by Michael C. Dorf
Controversy erupted last week over the new Indiana Religious Freedom Restoration Act (or RFRA) and a bill in Arkansas that, as Marci Hamilton explained here on Verdict, would go even further. [read post]
24 Mar 2015, 9:01 pm by Michael C. Dorf
The March issue of the Harvard Law Review includes a punchy review of Richard Epstein’s 2014 book, The Classical Liberal Constitution. [read post]
17 Mar 2015, 9:01 pm by Sherry F. Colb
My husband and fellow law professor Michael C. [read post]
10 Mar 2015, 9:01 pm by Michael C. Dorf
During last week’s oral argument in King v. [read post]
24 Feb 2015, 9:01 pm by Michael C. Dorf
Last week, Federal District Judge Andrew Hanen enjoined the Obama Administration from implementing its new program of deferred action for several million undocumented immigrants. [read post]
10 Feb 2015, 9:01 pm by Michael C. Dorf
The recent outbreak of measles—a highly contagious childhood disease that had been nearly eradicated in the United States—has focused mostly negative attention on parents who choose not to vaccinate their children. [read post]
25 Jan 2015, 9:01 pm by Michael C. Dorf
Last fall, the Supreme Court denied applications for review from multiple states in which federal appeals courts had found a constitutional right to same-sex marriage. [read post]