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  • U.S. Supreme Court

    California Marriage Case: It’s Not Over Yet

    On Wednesday, the U.S. Supreme Court issued its ruling in Hollingsworth v. Perry, finding that the official proponents of California’s Proposition 8 (which defined marriage as the union of one man and one woman) lacked standing to defend the law in court. Throwing out the federal appellate court’s decision, the … More

    Supreme Court to Congress on Voting Rights Act: “History Did Not End in 1965”

    In its Voting Rights Act decision today, the Supreme Court struck down an outdated provision that was no longer necessary—because thankfully, “Our country has changed,” as Chief Justice John Roberts put it. The decision did not invalidate the entire Voting Rights Act, and it will not promote discrimination. In fact, … More

    Fisher v. University of Texas: Racial Preferences at the Supreme Court

    Today, the U.S. Supreme Court issued its long-awaited decision in the challenge to the University of Texas’s consideration of race in its undergraduate admissions program. The ruling is a limited win for those who want a truly colorblind society. Texas adopted a plan in the mid-1990s that automatically admitted Texas … More

    Judicial Activism: Trading the Stable Rule of Law for the Fickle Rule of Men

    Last week, the Supreme Court of the United States announced that it would bar most forms of protest on the marble plaza in front of the court, as well as other surrounding areas on the court’s grounds, in part to protect “the appearance of the court as a body not … More

    Scribecast: Voter ID Proponents Launch Counteroffensive Against DOJ

    U.S. Attorney General Eric Holder is currently blocking implementation of voter ID laws in South Carolina and Texas. It’s the latest battle in the fight for voter integrity at the ballot box and the reason two supporters of voter ID are launching a robust defense the laws. “We believe this … More

    Scribecast: How One Couple Took on EPA and Ended Up at Supreme Court

    Mike and Chantell Sackett just wanted to build their dream home in the Idaho panhandle. Instead, they’re headed to the U.S. Supreme Court in a long-running dispute with the Environmental Protection Agency, which claims their property is wetlands. The case is among the most watched before the court this year. … More

    Supreme Court Rules on Violent Video Games

    Today’s Supreme Court decision in which it struck down California’s law restricting the sale or rental of violent video games to minors (PDF) is an important First Amendment decision that is not subject to a simple liberal/conservative breakdown, but the more interesting contrast may be between the votes in this … More

    Protecting the Free Speech Rights of Those We Abhor

    Just as it did last year in the Citizens United decision, the Supreme Court today upheld the First Amendment in a virtually unanimous opinion in a very difficult case. In Snyder v. Phelps, the Court held that the First Amendment shields the Westboro Baptist Church from a state tort claim. … More

    How Congress Can Defend DOMA

    On February 23, Attorney General Eric Holder announced in a letter to House Speaker John Boehner that President Obama had instructed him to no longer defend the constitutionality of the Defense of Marriage Act (DOMA), but that he would notify the courts of DOJ’s “interest in providing Congress a full … More

    The Supreme Court and the Right to Bring Constitutional Challenges to Criminal Laws

    Today the U.S. Supreme Court will consider the connection between an international convention to eliminate chemical weapons and a suburban Philadelphia love triangle. Remarkably, the first and apparently only person prosecuted under the United States’ implementation of the 1993 Chemical Weapons Convention is Carol Anne Bond, a Lansdale, Pennsylvania, woman … More