Equal Protection
Reflections on the 10th Anniversary of Obergefell v. Hodges - A Great Civil Rights Milestone that Could be Even Better
The Supreme Court's ruling striking down laws banning same-sex marriage was a great victory for liberty and equality. But it should have been based on better legal reasoning.
Supreme Court Rejects Constitutional Challenge to State Limits on Sex Transition Treatments for Minors
The Court's majority avoids the larger question of whether laws targeting transgender individuals should be subject to heightened scrutiny, but Justice Barrett did not.
Supreme Court Punts on Racial Discrimination Case
The Supreme Court's refusal to hear Boston Parent Coalition for Academic Excellence v. The School Committee for the City of Boston is bad news for equality under the law.
Washington Sued for 'Racially Conscious' Homeownership Program
Washington's Covenant Homeownership Program excludes certain applicants on the basis of race.
Was the Federal Government's Defense of Race-Based Debt Relief for Farmers and Ranchers "Substantially Justified"?
An interesting question divides a panel of the U.S. Court of Appeals for the Sixth Circuit.
A Lawsuit by Christian Zionists Says Biden's West Bank Sanctions Violate the First Amendment
By targeting "persons undermining peace, security, and stability," the plaintiffs argue, the president is threatening to punish people for opposing a two-state solution.
He Faced a Terrorism Probe, Went to Jail on a Gun Charge, and Now Is Charged With Drug Possession
Although the FBI never produced evidence that Ali Hemani was a threat to national security, it seems determined to imprison him by any means necessary.
Supreme Court to Consider State Ban on Gender Dysphoria Treatments for Minors (Updated)
The Court's grant of certiorari is limited to only one of the issues in this litigation.
TikTok Asks Court To Declare Ban Unconstitutional
Congress is "silencing the 170 million Americans who use the platform to communicate," the company argues.
Does the Constitution Protect the Right To Get High?
Columbia law professor David Pozen recalls the controversy provoked by early anti-drug laws and the hope inspired by subsequent legal assaults on prohibition.
Brussels Mayor Attempts To Shut Down National Conservatism Conference by Force
It's a good thing opponents of the move can appeal to the liberal values of free speech, free association, and equal treatment under law.
Indiana Court Rejects Claim That Driver's Licenses Must Include Third Gender Option
The court reverses a contrary trial court decision.
Florida Limits on Ownership of Real Property by Chinese Citizens Are Preempted by Federal Law
So an Eleventh Circuit panel tentatively concludes, preliminarily enjoining the statute; one judge would hold that the limits violate the Equal Protection Clause.
He Was Charged With Human Trafficking for Driving His Wife to Work
"The sole basis for targeting Joe was the race/ethnicity of his wife and her occupation" at an Asian massage parlor, the lawsuit claims.
Oklahoma Bill Would Specially Target Hispanic Gang Members
No, you can't do that.
Federal Court Upholds Biological-Sex-Based Access Rule for School Restrooms
Federal courts continue to be split on this question.
Court's Wild Zoning Decision Blocks 'Montana Miracle'
Plus: More local "missing middle" reforms pass in Maine and Virginia, Colorado court blesses crackdown on student housing, and Florida tries to escape its slow growth past.
The Next Kids Climate Case: Genesis B. v. EPA
Another climate change lawsuit filed on behalf of children, this time against the Environmental Protection Agency.
No Preliminary Injunction Against Idaho Law Mandating Public School Students Use Bathrooms "That Correspond[] with Their Biological Sex"
The court had earlier issued a temporary restraining order against the law, to maintain the status quo; but now that it has gotten more full briefing, it declined to block the law (but also declined to dismiss the challenge to the law).
Sixth Circuit Reverses Preliminary Injunctions Against TN & KY Laws Restricting Gender Dysphoria Treatments for Minors (Updated)
After a divided ruling, laws limiting such treatments in Tennessee and Kentucky will go into force.
Race Discrimination/Harassment Lawsuit Against Seattle Related to Its "Race and Social Justice Initiative" …
can go forward, says a federal court.
Court Rejects Lawsuit Claiming Police Discriminatorily Refused to Prosecute Rapist
The opinion was decided July 21, but was originally issued sealed; it was just unsealed today, in response to my motion to unseal.
Debating the Legacy of Justice John Marshall Harlan
A critical column by Jamelle Bouie prompts an extensive reply from Peter Canellos.
Tennessee Ban on Sexual-Identity-Related Medical Procedures for Minors Is Likely Constitutional,
a Sixth Circuit panel concludes (by a 2-1 vote) in staying an injunction against the law pending appeal.
Sixth Circuit Stays Preliminary Injunction Against Tennessee Law Limiting Gender-Affirming Treatments for Minors
A divided panel concludes the plaintiffs are unlikely to prevail on the merits and pledges to expedite the appeal.
If "Any Government Again Resorts to Racial or Ethnic Classifications to Ration Medical Treatment,"
"there would be a very strong case for prompt review by this Court."
Ron DeSantis Dangerously Blurs the Line Between State and Private Action
Whether the putative target is the "biomedical security state," wokeness, "Big Tech censors," or Chinese Communists, the presidential candidate’s grandstanding poses a clear threat to individual rights.
Florida's Restrictions on Property Purchases by Chinese Citizens Hark Back to a Dark History of Xenophobia
In a federal lawsuit on behalf of legal U.S. residents from China, the ACLU argues that "Florida's New Alien Land Law" is unconstitutional.
En Banc Eleventh Circuit Rejects Legal Challenge to School District's Bathroom Policy
The Appeals Panel Rejects a Trangender Student's Bid to Use Bathroom Corresponding to the Student's Gender Identity Instead of Biological Sex.
City That Forced Landlords To Evict Tenants Suspected of Crimes Will Pay $1 Million To Settle DOJ Lawsuit
Plus: Elon Musk bans Twitter account that tracks his private jet, Iong permit waits to build new apartment buildings in San Francisco, and more...
NYC Was Wrong To Fire Employees for Being Unvaccinated, Court Says
Plus: ACLU in court over law criminalizing school behavior, Twitter losing heavy users, and more...
Bikini Baristas Win Lawsuit Over Unconstitutional Dress Code
Plus: Fiona Apple fights for court transparency, ACLU asks SCOTUS to consider boycott ban, and more...
Sunstein Challenges Originalists on Bolling v. Sharpe (Updated)
If the Supreme Court was correct in Dobbs, was it wrong in Bolling?
Can a State-Funded Charter School Require Female Students to Wear Skirts?
Perhaps the real question is whether such a school is a state actor for purposes of Section 1983. The en banc Fourth Circuit says it is, so that a skirt requirement for girls is unlawful.
Could Congress Prohibit Abortion If Roe Is Overturned? (Updated)
Questions about the scope of federal power will remain.
'Equity,' 'Multiculturalism,' and 'Racial Prejudice' Among Concepts That Could Be Banned in Schools by Wisconsin Bill
A bill touted as banning "critical race theory" in schools would actually ban a huge array of speech around culture, race, and sex, its sponsor says.
Sixth Circuit Enjoins Use of Race and Sex Preferences for Coronavirus Relief Funding
A divided panel grants a preliminary injunction against privileging relief applications based on the race or sex of the applicant.
A Federal Judge in Michigan Says Sidney Powell's Election Fraud Claims Are 'Nothing but Speculation and Conjecture'
According to the ruling, the former Trump attorney also filed the wrong claims in the wrong court at the wrong time on behalf of the wrong plaintiffs.
A Trump Judicial Appointee's Blistering Opinion Is a Reality Check for Republicans Who Still Think Biden Stole the Election
"The Campaign cannot win this lawsuit," the 3rd Circuit says. "The Campaign's claims have no merit."
A Scathing Ruling Against the Trump Campaign Highlights the Gap Between Rudy Giuliani's 'Massive Fraud' Claim and His Legal Arguments
U.S. District Judge Matthew Brann rejected an attempt to block certification of Pennsylvania's election results.
An Overdue Rebuke to Politicians Who Think Anything Goes in a Pandemic
Two courts say COVID-19 lockdowns in Michigan and Pennsylvania were unconstitutional.
S.F. "Basic Income" Program for Pregnant Women -- But Women of the Wrong Races Need Not Apply
Only black and Pacific Islander women are eligible -- almost certainly a violation of the Equal Protection Clause.
