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11 Nov 2014, 10:51 pm
Now that a critical part of the Affordable Care Act is before the Supreme Court in King v. [read post]
7 Nov 2014, 10:12 am
Here is the key passage from the opinion [HT: co-blogger Dale Carpenter]: The restriction on same-sex marriage is a classification based on gender. [read post]
6 Nov 2014, 7:44 pm
Today’s decision from the Sixth Circuit, the only federal appellate court opinion so far rejecting constitutional claims for same-sex marriage, has two obvious consequences. [read post]
6 Nov 2014, 1:50 pm
By a 2-1 vote, with Judge Jeffrey Sutton writing the opinion, the Sixth Circuit has upheld state prohibitions on same-sex marriages in the states of Ohio, Kentucky, Michigan, and Tennessee. [read post]
21 Oct 2014, 4:47 pm
United States District Judge Juan Perez-Gimenez has dismissed a challenge to Puerto Rico’s law limiting marriage to one man and one woman. [read post]
15 Oct 2014, 5:45 am
Particularly significant is Dale’s well-supported claim that evidence of animus can be found in examining the effects of a discriminatory law. [read post]
13 Oct 2014, 9:05 pm
Wade either [Dale Carpenter, Ilya Shapiro, Charles Lane] Ninth Circuit won’t get the message about not expropriating raisin farmers and it’s time for the Court to remind it again [also Ilya Shapiro, earlier] Private businesses, even those that are quasi-public like Amtrak, shouldn’t be delegated the right to regulate their competitors [Ilya Shapiro yet a third time] “Supreme Court takes case on duration of traffic stops” [Orin Kerr, Rodriguez v.… [read post]
9 Oct 2014, 11:41 am
[Earlier contributions to this symposium came from: John Neiman, Dale Carpenter, Robin Wilson, Bill Eskridge, Scott Michelman, Neil Siegel, and Suzanne Goldberg.] [read post]
8 Oct 2014, 8:56 am
For the past couple of days, SCOTUSblog has been hosting an online symposium on the denial of seven certiorari petitions dealing with same-sex marriage. [read post]
8 Oct 2014, 6:29 am
Judith Schaffer weighs in with an op-ed for USA Today; Dale Carpenter does the same in a post at The Volokh Conspiracy. [read post]
7 Oct 2014, 5:46 pm
"Judge Sutton's trilemma": Law professor Dale Carpenter has this post at "SCOTUSblog. [read post]
7 Oct 2014, 5:38 pm
First, as co-blogger Dale Carpenter points out, same-sex marriage will now soon be legal in five more states, bringing the total to thirty-five. [read post]
7 Oct 2014, 4:35 pm
[Earlier posts in this symposium include contributions from: Dale Carpenter, Robin Wilson, Bill Eskridge, Scott Michelman, Neil Siegel, and Suzanne Goldberg.] [read post]
7 Oct 2014, 1:35 pm
Judge Reinhardt wrote the opinion for a unanimous panel, applying heightened scrutiny to sexual-orientation discrimination. [read post]
7 Oct 2014, 1:16 pm
Dale Carpenter is the Earl R. [read post]
7 Oct 2014, 10:02 am
For years the specter of a backlash like the one said to have been generated by Roe v. [read post]
7 Oct 2014, 8:07 am
In his post summarizing his recent law review article, Dale Carpenter draws from the Court’s discriminatory purpose jurisprudence, most notably its 1977 Arlington Heightscase, to find guideposts for identifying animus. [read post]
6 Oct 2014, 5:52 am
It's not permissible for legislation to reflect animus toward someone who trespasses for a particular political reason and not toward other trespassers; or as Dale Carpenter has put it, “[t]he discovery of animus is instead an affirmative reason to invalidate an otherwise constitutional law. [read post]
2 Oct 2014, 5:39 am
Dale CarpenterThis post is part of the Symposium on Unconstitutional Animus Animus has emerged over the past four decades as a distinct concern in Equal Protection doctrine. [read post]
1 Oct 2014, 10:00 am
Siegel, Animus versus Moral Opposition: Material and Expressive ConsiderationsBill Araiza, Unconstitutional Animus: Araiza Responds to Pollvogt Dale Carpenter, Unconstitutional Animus: Carpenter Responds to SiegelDale Carpenter, Animus in Five StepsBill Araiza, Animus, Equal Protection, and Its EnforcementJustin Marceau, Animus and Ag Gag Laws [read post]
