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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]
4 Oct 2017, 9:01 pm
With all the discussion these days over what public universities and municipalities can and should be doing to handle large, raucous rallies and protests without sacrificing public health and safety, one topic that has been mentioned but not often thoroughly analyzed is what the rules are, or ought to be, when a boisterous and angry crowd “shouts down” a speaker. [read post]
23 Oct 2014, 9:01 pm
Among the interesting U.S. [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]
31 Oct 2018, 9:01 pm
This three-part series looks at intriguing constitutional questions raised by California’s statutory enactment of SB 826, which requires publicly held corporations with principal executive offices located in California to have a prescribed number of women on their boards of directors. [read post]
26 Mar 2015, 9:01 pm
In the space below, we analyze some complicated legal questions arising out of a proposed California initiative—the so-called “Sodomite Suppression Act” (SSA)—whose illegality and immorality are not complicated at all. [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]
21 Mar 2018, 9:01 pm
In my last column, 2020 Election Legal Maneuvering, I described a recent lawsuit filed by some prominent lawyers and law professors challenging Texas’s use of the so-called Winner-Take-All (WTA) approach to selecting the state’s representatives to the so-called Electoral College. [read post]
9 Apr 2015, 9:01 pm
In today’s column, I analyze the Supreme Court oral argument held a few weeks ago in Walker v. [read post]
7 Jul 2015, 9:01 pm
Last week’s ruling by the Supreme Court in Arizona Legislature v. [read post]
1 Jul 2019, 9:01 pm
As is typical, the Supreme Court this year delivered some of its biggest rulings at the end of the term. [read post]
5 Dec 2013, 9:01 pm
Yesterday the Federalism Working Group of the American Legislative Exchange Council (ALEC)—an influential and generally conservative policy-oriented institution that offers template legislation for state governments to consider adopting—was scheduled to meet to consider, among other things, a proposal that would empower state legislatures to add candidates to general election ballots for the office of United States Senator. [read post]
