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16 Feb 2020, 9:01 pm by Michael C. Dorf
Returning to the United States from a family vacation abroad recently, I jealously watched some of my fellow travelers zip through immigration and customs as my party trudged slowly along in the queue to the kiosks. [read post]
19 Sep 2017, 9:01 pm by Michael C. Dorf
Last week, the Israel Supreme Court ruled that the government’s policy of exempting Haredim (ultra-Orthodox Jews) from military service amounted to unconstitutional discrimination. [read post]
20 Mar 2018, 9:01 pm by Michael C. Dorf
After the Supreme Court found a constitutional right to same-sex marriage in Obergefell v. [read post]
17 Feb 2019, 9:01 pm by Michael C. Dorf
After Congress denied him most of the funding he requested for a border wall last week, President Trump declared a national emergency, thereby invoking power to shift funds that were originally appropriated for other purposes. [read post]
9 Nov 2020, 9:01 pm by Michael C. Dorf
The Affordable Care Act (ACA) makes its third trip to the Supreme Court today under the caption California v. [read post]
3 Apr 2018, 9:01 pm by Michael C. Dorf
John Hart Ely dedicated his extraordinarily influential 1980 book on judicial review, Democracy and Distrust, to Chief Justice Earl Warren. [read post]
9 Jan 2017, 9:01 pm by Michael C. Dorf
Last week Chief Justice John Roberts recused himself from a patent case that was argued in December when he discovered that his financial holdings created a potential bias. [read post]
3 Oct 2017, 9:01 pm by Michael C. Dorf
The Supreme Court Term that opened on Monday provides opportunities for the justices to resolve numerous important legal questions. [read post]
29 Oct 2019, 9:01 pm by Michael C. Dorf
Last week, numerous progressives strongly criticized Pete Buttigieg after the Mayor of South Bend and candidate for the Democratic presidential nomination supposedly told a reporter for Cosmopolitan that if he were to win the election, he would appoint justices to the Supreme Court in the mold of retired Justice Anthony M. [read post]
21 Jan 2020, 9:01 pm by Michael C. Dorf
Last week the Virginia legislature ratified the Equal Rights Amendment (ERA), thus becoming the 38th state to do so and satisfying Article V’s threshold (three quarters of the states) for an amendment to become part of the Constitution. [read post]
17 May 2016, 9:01 pm by Michael C. Dorf
Monday’s Supreme Court ruling in Spokeo, Inc. v. [read post]
8 Dec 2020, 9:01 pm by Michael C. Dorf
In his final months in office, President Trump and his administration have made a variety of audacious personnel and policy moves that aim to affect the course of individual lives and government operations well into the future. [read post]
9 Jan 2018, 9:01 pm by Michael C. Dorf
Last week, Attorney General Sessions rescinded an Obama administration policy under which the Department of Justice did not target law enforcement efforts against marijuana cultivation, distribution, or use that is permissible in the states in which it occurred—either for medical or recreational purposes. [read post]
30 Apr 2019, 9:01 pm by Michael C. Dorf
The only real question is whether those justices will have the courage of their stated convictions.Follow @dorfonlaw Michael C. [read post]
2 Feb 2020, 9:01 pm by Michael C. Dorf
Late last month, the Supreme Court heard oral argument in Espinoza v. [read post]
10 Dec 2019, 9:01 pm by Michael C. Dorf
Last year, in response to Donald Trump’s claim that an adverse judicial ruling was wrong because it was issued by an “Obama judge,” Chief Justice John Roberts replied that the federal judiciary does not consist of “Obama judges or Trump judges, Bush judges or Clinton judges. [read post]
7 Aug 2018, 9:01 pm by Michael C. Dorf
Last week, 72 of Justice Anthony Kennedy’s former law clerks signed a letter addressed to Senators Grassley and Feinstein, respectively the chairman and ranking member of the Judiciary Committee, urging the confirmation of another former Kennedy clerk, Judge Brett Kavanaugh, to fill the vacancy created by the justice’s retirement. [read post]