Second Circuit Rules Intent To Racially Balance NY High Schools Is Unconstitutional
Judge Joseph Bianco’s decision emphasizes that constitutional rights and protections belong to individuals, not groups.
Judge Joseph Bianco’s decision emphasizes that constitutional rights and protections belong to individuals, not groups.
"In short, 'cruel and unusual' is not the same as 'harmful and unfair,'" the court wrote.
Chevron deference, a doctrine created by the Court in 1984, gives federal agencies wide latitude in interpreting the meaning of various laws. But the justices may overturn that.
Fourth in a series of guest-blogging posts.
Third in a seris of guest-blogging posts.
Second in a series of guest-blogging posts.
First in a series of guest-blogging posts.
The book argues that the structural elements of the Constitution should be interpreted in a way that empowers the federal government to address collective action problems facing the states.
A new lawsuit argues the state's requirement that doctors must be licensed in California to do remote consultations with patients there is unconstitutional.
The cars of two Alabama women were seized for more than a year before courts found they were innocent owners. The Supreme Court says they had no constitutional right to a preliminary hearing.
Plus: California's landmark law ending single-family-only zoning is struck down, Austin, Texas, moves forward with minimum lot size reform, and the pro-natalist case for pedestrian infrastructure.
Columbia law professor David Pozen recalls the controversy provoked by early anti-drug laws and the hope inspired by subsequent legal assaults on prohibition.
A look at personal jurisdiction after Mallory.
The Institute for Justice says its data show that a century-old Supreme Court doctrine created a huge exception to the Fourth Amendment.
SpaceX argues the federal agency trying to punish it for firing employees critical of Musk is itself unconstitutional.
Plus: the Supreme Court weighs housing fees and homelessness, YIMBYs bet on smaller, more focused reforms, and a new paper finds legalizing more housing does in fact bring costs down.
A keynote address to the Symposium on Common Good Constitutionalism.
The Supreme Court judges Eighth Amendment cases with "evolving standards of decency." Some conservative jurists don't like it.
School officials in three states are effectively immune from lawsuits over excessive corporal punishment. A Louisiana mother is asking the Supreme Court to step in.
The judge ruled that the law was unconstitutionally overbroad, vague, and viewpoint discrimination.
Politicians are throwing laws at the wall and seeing what sticks.
Further debate on textualism, "common good constitutionalism," and the classical legal method.
A fascinating new exploration of Frederick Douglass' constitutional thought.
The furious response to a seemingly modest reform reflects a broader dispute about the role of courts in a democracy.
Harvard law Prof. Mark Tushnet and political scientist Aaron Belkin urge President Biden to disobey "gravely mistaken" Supreme Court rulings. Doing so would set a dangerous precedent likely to be abused by the right, as well as the left.
The appeals court judge argued that the Israeli Supreme Court had usurped the role of legislators.
Chief Justice John Roberts decisively rejected the independent state legislature theory.
Plus: A listener question considers the pros and cons of the libertarian focus on political processes rather than political results.
Plus: Librarians take on Arkansas book restrictions, another migrant stunt may have originated in Florida, and more...
The article explains why libertarians should focus much more on constitutional issues arising from zoning, immigration restrictions and racial profiling.
A response to Professors Goldsmith & Volokh
Plus: DeSantis does better than Trump in swing-state poll, majority say abortion pill should remain available, and more...
Opponents of the proposed reforms are right that unlimited majority rule is a recipe for tyranny.
The Constitution was intended to preserve state sovereignty, not create an all-powerful central government.
It argues for increasing the number of cases in the Supreme Court's "Hall of Shame" and proposes three worthy additions.
Douglass is best-known for his role in the abolitionist movement that helped end slavery. But much of his thought is also relevant to contemporary issues.
The Commission's lone dissenter says Congress has not charged it with regulating noncompete clauses.
reviewing Common Good Constitutionalism.
Originalist scholar Larry Solum suggests KBJ could be the Left's Antonin Scalia.
Plus: The editors consider a listener question on the involuntary hospitalization of the mentally ill.
Plus: Court rejects Biden plea on student loan plan, Ohio cops don't understand the First Amendment, and more...
Civil liberties groups say Adams' plan violates constitutional rights protecting people with mental illness from being confined against their will simply for existing.
The proposed constitutional amendment would shift the state's balance of political power.