Analysis and Commentary on Constitutional Law
Reflections on the Oral Argument in the Arizona Independent Redistricting Commission Case: Some Interesting (and Disheartening) Features, Including Justice Kennedy’s Incomplete Description of U.S. History

U.C. Davis law professor Vikram David Amar comments on the recent oral argument in the Arizona Independent Redistricting case before the U.S. Supreme Court. In particular, he points out the lack of attention to the question of standing and Justice Anthony Kennedy’s overly (and erroneously) simplistic view of U.S. history.

Will Republicans Accidentally Increase Taxes on the Rich by Playing Another Game of Debt Ceiling Roulette?

George Washington law professor Neil Buchanan contends that Republicans’ use of the debt ceiling against President Obama in an attempt to achieve their policy goals could backfire and lead to an increase in taxes on the rich.

Did Federalism Rescue Obamacare?

Cornell University professor Michael Dorf discusses last week’s oral arguments in King v. Burwell, the case in which the U.S. Supreme Court is expected to decide the fate of the Affordable Care Act (Obamacare). Dorf contends that there are three distinct arguments through which the government could successfully defend the law if the Court finds the language of the statute unclear.

The U.S. Supreme Court Considers Extending a Traffic Stop for a Dog Sniff

Sherry Colb, law professor at Cornell University, discusses a case currently before the U.S. Supreme Court in which the Court will decide whether, after completing a routine traffic stop, a police officer may briefly delay the release of the driver to permit a dog to sniff for narcotics.

Just How Lawless Are the Alabama State Court Judges Who Have Been Refusing to Issue Same-Sex Marriage Licenses?

U.C. Davis law professor Vikram David Amar discusses the current controversy in Alabama over whether state court judges must issue same-sex marriage licenses pursuant to an order to a federal district judge sitting in that state.

The Power and Peril of the Internet: How Should “Revenge Porn” Be Handled?

Hofstra University law professor Joanna Grossman and Stanford University law professor Lawrence Friedman discuss the ways in which legislation can (and cannot) address the phenomenon of “revenge porn.” Grossman and Friedman point out that while the similar offense of blackmail has existed for many years, only recently, with the aid of the Internet, has this new form of harassment become a serious issue for lawmakers to consider.

The Supreme Court Decides Holt v. Hobbs the Way It Decided Burwell v. Hobby Lobby: With a License to Dictate Public Policy from the Bench

Cardozo law professor Marci Hamilton discusses the U.S. Supreme Court’s decision in Holt v. Hobbs, holding that the Arkansas prison system’s beard-length requirements violate the federal Religious Land Use and Institutionalized Persons Act.

Why the Supreme Court Should Reject the Arizona Legislature’s Challenge to the Arizona Independent Redistricting Commission

U.C. Davis law professor Vikram David Amar evaluates the merits of the arguments of the Arizona legislature in its Supreme Court challenge to the Arizona Independent Redistricting Commission.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at both Osgoode Hall... more

John Dean
John Dean

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

Michael C. Dorf
Michael C. Dorf

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

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... 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... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

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

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more