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7 Jun 2023, 9:01 pm
In the first of two postmortem columns examining President Biden’s deal that temporarily averted disaster, Michael Dorf and I noted yesterday that the President jokingly said that he plans to return to “previously scheduled programming,” which of course is anything but business as usual in a world where everything has become unusual.Even so, I am taking the cue from our President and going back to writing about the topic that has consumed me for much of the past… [read post]
1 Jan 2019, 9:01 pm
A small development can signal a dramatic social shift. [read post]
11 Mar 2019, 9:01 pm
(This was in the news recently as President Trump announced his intent to end birthright citizenship by executive order—an idea that should have been dead in the water, as explained by my fellow columnist, Michael Dorf, but that received undue attention.)In addition to the constitutionally guaranteed mechanism for acquiring citizenship, Congress has also acted to provide an additional means to acquire citizenship at birth—by descent (jus sanguinis). [read post]
16 Jun 2019, 9:01 pm
In my last column, I took up the question of whether abolishing the insanity defense violates the Constitution. [read post]
1 Apr 2021, 9:01 pm
I recently viewed Allen v. [read post]
6 Nov 2018, 9:01 pm
As the #MeToo movement gathered steam, exposing many long-ignored instances of sexual misconduct, other hashtags followed in its wake. [read post]
13 Jun 2019, 9:01 pm
For years, plant-based dairy was at the forefront of the labeling wars; as discussed in Professor Michael Dorf’s article here, Congress and the FDA have each considered provisions that would have prevented plant-based beverages from using the word “milk” on their labels.Then came Missouri: home of the first United States Olympic Games, where 81% of all competitors were from the United States, events included “climbing a greased pole,” and the winner of… [read post]
17 Nov 2020, 9:01 pm
On November 10, the U.S. [read post]
12 Feb 2020, 9:01 pm
”My argument, setting aside variations and important nuances, is ultimately quite simple: Trump has made it clear (as have others, including his former lawyer Michael Cohen) that he has no intention of accepting any election result that does not show him winning decisively. [read post]
14 Apr 2022, 9:01 pm
Earlier this month, one or more Texas law enforcement officers arrested a woman for murder in connection with her having allegedly self-induced an abortion. [read post]
16 Jun 2020, 9:01 pm
Due to the COVID-19 pandemic, the U.S. [read post]
4 Jun 2019, 9:01 pm
Next term, the U.S. [read post]
27 Jan 2015, 9:01 pm
The day that proponents and opponents of same-sex marriage have variously feared and desired has come: The Supreme Court has agreed to decide once and for all whether it is unconstitutional for states to ban the celebration of marriages by same-sex couples and/or to refuse recognition to such marriages validly celebrated out of state. [read post]
21 Dec 2021, 9:01 pm
On December 16, the U.S. [read post]
18 May 2015, 9:01 pm
Some implications of this question emerged more fully during oral argument, which Professor Michael Dorf ably analyzed here. [read post]
3 Dec 2019, 9:01 pm
JAG:Altitude Express v. [read post]
19 Mar 2007, 7:51 am
First the basics, from Michael Dorf: The Constitution nowhere expressly mentions executive privilege. [read post]
6 Jun 2022, 9:01 pm
In the aftermath of the oral argument in Dobbs v. [read post]
4 Dec 2018, 9:00 pm
The Centers for Disease Control recently reported that women had 24% fewer abortions in 2015 (the year of the last completed survey) than in 2006. [read post]
6 Oct 2020, 9:01 pm
This past August, the Title IX regulations released by the U.S. [read post]