When most people focus on the program of left-liberal constitutionalism, they naturally think of the expansion of unenumerated rights, from the right of abortion to same-sex marriage. But in my view the more important part of their current project is structural—to create centers of constitutionally...
After the 2012 massacre at Sandy Hook Elementary School, Newtown, Ct., Police Chief Michael Kehoe screamed in his sleep, reliving the gruesome scene in his dreams. After the mass shooting of 20 schoolchildren and six adults, Kehoe found himself overwhelmed at times, the Wall Street...
Last month, a three-member panel of the U.S. Court of Appeals for the Seventh Circuit handed down an important decision in Tagami v. City of Chicago, the “GoTopless” case, a constitutional challenge to a Chicago public nudity ordinance that prohibits women, but not men, from...
Political “ambition” and rhetoric have subverted efforts to reform the U.S. criminal justice system, says veteran TV journalist Bill Moyers. “No other nation in the world permits its justice system to be organized around political ambition,” Moyers said in an interview aired Tuesday on CUNY-TV, the...
The Supreme Court will hear oral argument this morning in a high-profile case, Masterpiece Cakeshop v. Colorado Civil Rights Commission, in which the justices will consider whether the First Amendment bars Colorado from requiring a baker to create a cake for a same-sex wedding. Amy...
These days, the Supreme Court is known as a “hot bench”: Lawyers who argue there usually have to respond to a barrage of questions from all sides. That fast and furious questioning can make it hard for advocates to advance their arguments, but it also...
FILE – This Jan. 25, 2012, file photo, shows the U.S. Supreme Court Building in Washington. (AP Photo/J. Scott Applewhite, File) Earlier today, the Supreme Court issued two orders stopping implementation of lower court injunctions that had temporarily blocked implementation of President Donald Trump’s third travel...
As I understand it, the new federal income tax reform will stop people from being able to deduct their state and local income taxes from their federal income taxes. Say, for instance, that you’re earning $100,000, you’re in the 28 percent federal tax bracket and you...
iStock photo I blogged Saturday about the Barley House case, in which the owners of the Barley House bar in Cleveland are suing two popular YouTube posters, Alissa Violet and FaZe Banks. Based on the Barley House’s allegations — apparently without any appearance by the defendants...
The petition of the day is: Daleidan v. National Abortion Federation 17-202 Issues: Whether the U.S. Court of Appeals for the 9th Circuit erred by its unprecedented holding, in conflict with decisions of the U.S. Courts of Appeals for the 2nd and 4th Circuits, and the consistent teachings...