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5 May 2022, 5:30 am by Guest Blogger
The editorial is clumsy because it ignores Justice Alito’s defense of the reversal of precedent in his invocation of Brown’s overruling of Plessy v. [read post]
29 Apr 2022, 1:25 pm by David Kopel
Finally, she recovered, reigned well at the height of the Empire, and struck up a romantic relationship with a royal gardener, John Brown. [read post]
7 Apr 2022, 9:00 am by Phil Dixon
There was therefore no error in the case. (1) Defendant’s challenge to the second step of the Batson analysis was preserved; (2) The State’s proffered explanations for its use of peremptory challenges were racially neutral; (3) The trial court did not clearly err in finding that the defendant failed to show purposeful discrimination under the totality of circumstances State v. [read post]
4 Apr 2022, 4:30 am by Eric Segall
 By Eric SegallDuring her confirmation hearing, Judge Kentaji Brown Jackson seemed to self-identify as an originalist. [read post]
28 Mar 2022, 9:01 pm by Michael C. Dorf
For example, in questioning Judge Jackson last week, Texas Senator John Cornyn repeatedly referred to the right to same-sex marriage, which the Supreme Court recognized in Obergefell v. [read post]
4 Mar 2022, 4:00 am by Deanne Sowter
In S v A, Justice McGee acknowledged that the mother had been emotionally abused by the father during their marriage (paras 16 and 48-50). [read post]
26 Jan 2022, 11:11 am by Amy Howe
Windsor, striking down the federal Defense of Marriage Act. [read post]
18 Jan 2022, 5:00 am by Eric Segall
" And, this, of course, is how they suggest Brown v Board of Education can be justified on an originalist basis even if the expected application of the 14th Amendment as a whole by the people at the time was that it allowed segregated schools. [read post]
29 Dec 2021, 12:01 am by rhapsodyinbooks
Aaron) and joined the unanimous decision to end the ban on interracial marriages (Loving v. [read post]