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  • Another Obama Recess Appointment Smacked Down

    Today, the U.S. Court of Appeals for the Third Circuit vacated a decision of the National Labor Relations Board (NLRB) on the basis that board member Craig Becker had been appointed in violation of the Constitution. In a 2–1 decision, Judge D. Brooks Smith determined that Becker’s appointment on March … More

    Labor: D.C. Circuit Strikes Down NLRB Poster Rule

    On May 7, the U.S. Court of Appeals for the D.C. Circuit struck down a National Labor Relations Board (NLRB) rule that required more than 6 million employers to post certain types of notices at work informing employees of their rights under the National Labor Relations Act. While notifying employees … More

    Decoding the Constitutional Challenges to Traditional Marriage

    The Supreme Court will hear oral arguments in the challenge to California’s Proposition 8 on March 26 and the Defense of Marriage Act (DOMA) on March 27. With the arguments fast approaching, the parties’ briefs and amicus curiae briefs have started to trickle in—tackling the various issues raised in these … More

    Obama's Recess Appointments Struck Down

    On Friday morning, a three-judge panel of the D.C. Circuit Court of Appeals unanimously struck down President Obama’s alleged “recess” appointments to the National Labor Relations Board (NLRB). The appointments were made over a year ago, so the ruling potentially invalidates a number of actions taken by the NLRB since … More

    A Victory Against Judicial Activism

    A recent decision by the federal district court for the District of Columbia highlights the importance of proper statutory interpretation and fidelity to the text of laws. Judicial activism comes in a variety of forms and is certainly not limited to the act of striking down a law, as some … More

    Supreme Court to Hear Defense of Marriage Act Challenges: Legal Analysis

    It’s official: The Supreme Court announced today that it will take up the Defense of Marriage Act (DOMA) this term. This was hardly unexpected. As we previously noted, the High Court was almost certain to hear one or more of these cases after two federal circuit courts struck down DOMA … More

    Second Circuit Strikes Down Defense of Marriage Act

    On Thursday, a three-judge panel of the U.S. Court of Appeals for the Second Circuit was the latest to issue a ruling on the constitutionality of the Defense of Marriage Act (DOMA). Over a strong dissent by one of the judges, it ruled that section 3 violates equal protection and … More

    Arizona Non-Citizen Vote Case

    Today, the Supreme Court agreed to hear Arizona v. Inter Tribal Council, a challenge to Arizona Proposition 200, which requires prospective voters to show proof of citizenship when registering to vote. Like a litany of other states, Arizona passed this common-sense reform to prevent noncitizens from illegally voting in elections … More

    It's the Judiciary, Stupid

    Does the Supreme Court matter for the 2012 election? It certainly should. A President’s ability to appoint Supreme Court justices is a lasting legacy that can shape the course of our country for years in the future. The Supreme Court may appear to be a group of robed academics, but … More

    Voter ID Challenger "Happy As a Clam" to Get Free ID in Pennsylvania

    In another victory for voter ID, last week a Pennsylvania district court rejected a challenge to stop the state’s new voter ID law from going into effect before the upcoming presidential election. Now the Philadelphia Inquirer reports that Viviette Applewhite, the lead plaintiff in the case who claimed that she … More