Tag Archives: SCOTUS

How to Fix the Religious Freedom Restoration Act

Cornell University law professor Michael Dorf proposes eight different options for fixing the Religious Freedom Restoration Act (RFRA). Dorf suggests that open discussion of what was wrong with the U.S. Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores Inc. can inform the public and opinion leaders about how to fix RFRA when the opportunity arises.

Hobby Lobby Yields More Rancor as Wheaton College Queues Up to Deny Contraceptive Coverage to Its Female Employees

Cardozo Law professor Marci Hamilton discusses Wheaton College’s request to receive accommodation under the Religious Freedom Restoration Act (RFRA) to avoid providing some reproductive coverage for its female employees. Hamilton draws upon her own personal experience and points out that the recent controversies over RFRA in the U.S. Supreme Court have revealed that law’s true nature.

Did the Supreme Court Err by Rejecting Political Deadlock as a Basis for Recess Appointments?

Cornell University law professor Michael Dorf comments on the U.S. Supreme Court’s recent decision in NLRB v. Noel Canning, in which the Court unanimously invalidated President Obama’s 2012 appointment of three members of the National Labor Relations Board. Dorf discusses the differences between rationales and implications of the five-Justice majority opinion authored by Justice Breyer and those of the four-Justice concurrence authored by Justice Scalia. Dorf argues that the Court’s rejection of political deadlock as a basis for recess appointments could prove to be an important weapon anytime the majority in the Senate is actively hostile to the President.

The Supreme Court Decides Riley v. California and Updates the Fourth Amendment

Cornell University law professor Sherry Colb discusses a recent case decided by the U.S. Supreme Court, Riley v. California, in which the Court nearly unanimously held that police may not examine the digital contents of an arrestee’s cell phone as part of a search incident to arrest. Colb describes the facts behind the two cases consolidated for the Court’s review, explains the precedents the Court relied upon in reaching its decision, and praises the Court for decisively embracing Fourth Amendment protection for digital privacy.

What’s Really Wrong With the Decisions in Burwell v. Hobby Lobby and Conestoga Wood v. Burwell?

Marci Hamilton, a law professor at Cardozo School of Law, offers a strong critique of the U.S. Supreme Court’s decision in Burwell v. Hobby Lobby, in which the Court held that owners of closely held corporations may deny its employees the health coverage of contraceptives on the basis of the owners’ own religious beliefs. Hamilton explains why the Court’s interpretation of the Religious Freedom Restoration Act (RFRA) is problematic and calls for that legislation to be repealed as soon as possible.

The U.S. Supreme Court Narrows States’ Discretion to Execute the Intellectually Disabled

Cornell University law professor Sherry Colb comments on a recent decision by the U.S. Supreme Court invalidating Florida’s approach to identifying criminal convicts who are intellectually disabled and therefore constitutionally ineligible for the death penalty. Colb describes the facts and issues that brought the case before the Court and infers from the opinion that the Court may have a growing consciousness about those sentenced to death. Acknowledging also the strong arguments presented by the dissent, Colb concludes that essential difference between the majority and the dissent is a disagreement as to what is worse: to execute the wrong person to spare the wrong person from execution.

The Supreme Court Ducks a Treaty Power Question but Raises Broader Questions

Cornell University law professor Michael Dorf discusses the U.S. Supreme Court’s decision in Bond v. United States, handed down earlier this week. In that case, the Court considered whether the federal Chemical Weapons Convention Implementation Act applies to a Pennsylvania woman’s attempted use of mild toxins to cause a skin rash on a romantic rival. Dorf argues that the Court’s ruling sidesteps an important question about the scope of congressional power to implement treaties but that it also announces a presumption of statutory construction that could have far-reaching implications.

Secret Endless Editing of Published Supreme Court Opinions

Former counsel to the president John Dean comments on a recent public revelation that the U.S. Supreme Court quietly revises its decisions years after they were issued. Drawing upon a forthcoming article by Harvard Law professor Richard Lazarus, Dean describes the process by which the Court releases its rulings to the public. He predicts that it will not be the errors and mistakes that will place the Court’s institutional integrity at risk in the future, but the secretive and dubious means they now use to change their written and published opinions.

Will the Lower Court Consensus on Same-Sex Marriage Influence the Supreme Court?

Cornell University law professor Michael Dorf discusses how the lower courts’ consistent rulings in favor of same-sex marriage might influence a decision by the U.S. Supreme Court. Dorf observes that every single judge to rule on the question has relied on the Court’s 2013 decision in United States v. Windsor for the conclusion that SSM bans are unconstitutional. He concludes that while the lower courts’ decisions have no binding effect on the Supreme Court, they might serve as a legal barometer of what is legally plausible and as conduits of public opinion.

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