Analysis and Commentary Posted in 2013-04

The Supreme Court Will Review a Michigan Affirmative Action Case Next Term, but May Address the Key Issues in It This Term

Justia columnist and Cornell law professor Michael Dorf comments on a set of key affirmative action issues that the Supreme Court may address this term and/or the next. The programs at issue include affirmative action in state public higher education, employment, and contracting. As Dorf notes, the Michigan affirmative action case that the Court will address is more complicated than it may at first seem, in part because Court precedents establish limits on how a state or local government may go about eliminating or preventing laws that benefit racial minorities. Dorf also notes that an issue that is important here also crops up in the Prop 8 case currently before the Court: the issue of the import of giving and then taking away rights.

What’s the Matter with North Dakota and Arkansas? Two State Legislatures Pass Highly Restrictive and Unconstitutional Abortion Laws

Justia columnist and Hofstra law professor Joanna Grossman comments on two states’ decisions to pass abortion laws despite the fact that under U.S. Supreme Court precedent, it is very clear that these new laws are unconstitutional. Grossman explains the relevant tenets of constitutional law regarding abortion, and details exactly why both North Dakota’s and Arkansas’s laws flout the U.S. Supreme Court’s precedents. Grossman also covers other abortion laws that have been passed by state legislatures despite their very clear unconstitutionality, and notes that the new laws do not gibe with public opinion regarding abortion rights.

The U.S. Court of Appeals for the Third Circuit Rules in Favor of a Public Elementary School Student Who Sought to Pass Out Invitations to Her Church’s Party to Her Classmates

Justia columnist and attorney Julie Hilden comments on a recent school speech decision from the U.S. Court of Appeals for the Third Circuit. The case involved a fifth grader who had sought to invite her classmates to her church's Christmas party. The court invoked the Tinker test, which asks whether student speech causes substantial disruption in the school's setting. The case also raised the intriguing question of how old students need to be to have their speech in the school setting protected by the Tinker precedent.

Meet our Columnists

Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois Co... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar and a Professor of Law at The George Washington U... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb tea... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Befo... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has w... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of L... more

Marci A. Hamilton
Marci A. Hamilton

Marci A. Hamilton is one of the country’s leading church-state scholars and the Fox Professor of Pra... more

David S. Kemp
David S. Kemp

David S. Kemp is an attorney and managing editor at Justia. He received his B.A. in Psychology from... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of Record... more

Anita Ramasastry
Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of... more

Ronald D. Rotunda
Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at... more