Chapman University Fowler School of Law professor Celestine McConville considers whether the US Supreme Court’s decision in Trump v. Hawaii establishes a new equal protection rule regarding when the presence of government animus will invalidate government action. McConville points out that under Trump, a stated nondiscriminatory justification will outweigh demonstrated animus, provided the means are “plausibly related” to that justification—a bar so low, she argues, it does a disservice to the integrity of equal protection doctrine.
Articles Tagged with Legal
Illinois law professor Lesley Wexler comments on last week’s EU summit, in which the heads of state sought to address the immigration crisis affecting various countries in the European Union. Wexler describes the highlights of the resulting agreement and while cautiously optimistic, expresses concerns for what some of the longer term implications may be.
UNLV Boyd School of Law professor Leslie C. Griffin discusses the US Supreme Court’s recent decision in NIFLA v. Becerra, in which a 5–4 majority of the Court struck down a California law requiring crisis pregnancy centers to inform their pregnant patients about abortion options. Griffin explains why the majority’s decision can only be read as a strong anti-choice signal that will only grow stronger with Justice Kennedy being replaced.
Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, explains why the impact of Justice Anthony Kennedy’s retirement from the US Supreme Court touches far more than just the issue of abortion—but the very notion of a constitutional right to privacy. Hamilton argues that if the Federalist Society has its way, the core reasoning of Roe v. Wade will be eviscerated and the constitutional right to privacy—from which the right to access to contraception and the right to engage in consensual sexual relations in private—will be eroded.
GW law professor and economist Neil H. Buchanan comments on Justice Anthony Kennedy’s announcement that he is retiring from the Supreme Court and the legacy he leaves. Buchanan laments that Justice Kennedy’s last term on the bench can only be described as tragedy, as he joined the conservative 5–4 majority on critical cases that Buchanan predicts will have a lasting harmful effect on individuals across the country and the world.
Cornell law professor Sherry F. Colb comments on the US Supreme Court’s recent decision in Carpenter v. United States, in which the Court held that the government must have a search warrant to obtain an individual’s cell-site location information (CSLI). Colb describes the Court’s holding and the dissenting opinions, and considers the Court’s minority (but growing) view that only property, and not privacy, is protected under the US Constitution—particularly when privacy rights encompass the right of a woman to obtain an abortion and the right of same-sex couples to engage in private, consensual sexual acts.
Illinois law dean and professor Vikram David Amar considers whether the federal government can subject so-called sanctuary jurisdictions to liability for crimes committed by private persons who are in the United States unlawfully, as two Republican-backed legislative proposals seek to do. Specifically, Amar discusses whether such liability constitutes unconstitutional commandeering of states under existing Supreme Court precedent.
GW law professor and economist Neil H. Buchanan comments on two of last week’s decisions from the US Supreme Court that at least nominally involved tax law issues. Buchanan explains why the decisions suggest that the justices remain confused about taxes and financial issues more generally and suggests that the lower-profile case from last week may end up having the most important and negative effects going forward.
Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, comments on this week’s news from the US Supreme Court—its decisions upholding President Trump’s travel ban, striking down a California law affecting so-called crisis pregnancy centers, and the news that Justice Anthony Kennedy will be retiring. Hamilton cautions that the cases portend that, President Trump will, in effect, impose a religious test on candidates for Justice Kennedy’s replacement—a requirement expressly prohibited by the Constitution.
In anticipation of the heads of state meeting tomorrow and Friday, Illinois Law professor Lesley Wexler discusses the immigration issues that threaten to break apart the European migration system. Wexler describes the nature of the issues facing the European Union and the various perspective different nations are bringing to the table.
SMU Dedman School of Law professor Joanna L. Grossman gives a brief overview of the #MeToo movement and describes the great strides our society has made, yet also the challenges it still faces. Specifically, Grossman points out that it is now time for businesses and lawmakers to figure out how best to prevent sexual harassment while protecting women’s career opportunities.
Illinois Law professor Lesley Wexler explains why the open air burn pits as used in recent conflicts such as Iraq and Afghanistan are being called the “new Agent Orange.” Wexler describes the challenges combatants, their children, contractors, and civilians have had in obtaining care for long-term injuries as a result of the use of Agent Orange during the Vietnam War and expresses concern that the same may occur for burn pits.
UNLV Boyd School of Law professor Leslie C. Griffin comments on the US Supreme Court’s 5–4 decision in Husted v. A. Philip Randolph Institute, in which the Court upheld the legality of Ohio’s voter list maintenance procedure. Griffin explains some of the key points made in each of the four opinions and shares a deeply personal story about how she came to understand how seemingly innocuous list-maintenance laws like the one in this case disproportionately affect minorities, low-income people, the disabled, the homeless, and veterans—just as Justice Sotomayor described in her separate dissent.
In light of US immigration policy of separating immigrant children from their parents at the borders, Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, calls on the United States Senate to ratify the UN Convention on the Rights of the Child. Hamilton points out that the United States is the only country in the world not to ratify it, and that its failure to do so is entirely indefensible.
Cornell law professor Sherry F. Colb comments on the recent decision by the US Supreme Court in Byrd v. United States, in which the Court unanimously held that a lawful but contractually unauthorized driver of a rental car has a reasonable expectation of privacy against police searches of the car. Colb explains that the Court’s ruling is significant for more than its face value; it signals a rejection of property-linked formalism and bolsters the ability of the Fourth Amendment to keep certain types of police in check.
Illinois Law professor Lesley Wexler considers the significance of various countries’ responses to the rescue of 629 migrants on the Aquarius, a humanitarian rescue ship on the Mediterranean Sea. Wexler considers first whether the responses of Italy and Malta were lawful, and then turns to the question of what their conduct means for immigration policy, not only within the European Union, but worldwide.
In this second part series of columns about the legal duties of broker-dealers, Tamar Frankel, the Robert B. Kent Professor of Law at Boston University School of Law, considers the significance of specific words in the context of broker-dealers and their clients and discusses the legal consequences of using certain words over others. Specifically, Frankel clarifies that financial securities are not “products” and the servicers are not an “industry”; rather, brokers are agents providing services, and explains why broker-dealers should owe a fiduciary duty to their clients, who entrust their money—and sometimes their life’s savings—to them.
Illinois Law dean and professor Vikram David Amar and UC Davis Law emeritus professor Alan E. Brownstein discuss two doctrinal issues raised in the Supreme Court’s majority and concurring opinions in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. Amar and Brownstein explain how Colorado could have reached the results it reached without disfavoring religion or religious liberty/equality at all, and they point out that the Court’s focus on the motives of the commissioners is unusual given the Court’s prior decisions on the role of invidious motives.
GW Law professor and economist Neil H. Buchanan explains why Social Security is so important, and why Republicans’ claim that it is “going to go broke” is so dishonest. Buchanan briefly describes how Social Security was designed and why, because of that design, it is performing exactly as expected and intended when it was set up.
Cornell law professor Michael C. Dorf argues that the form of originalism typically espoused by scholars—in which constitutional interpretation aims to recover the original public meaning of the text—often ends up being abused in practice. Judges and justices borrow the respectability of public meaning originalism to justify a generally discredited form of originalism that seeks answers in the framers’ and ratifiers’ intentions and expectations. To illustrate this point, Dorf points to Justice Gorsuch’s recent dissent in Sveen v. Melin, which looks not to the text of the Contracts Clause but to what Justice Gorsuch inferred the framers and ratifiers intended and expected.