Constitutional law

The Supreme Court’s next abortion case

September 6, 2013

Supreme Court A gloomy forecast, by Linda Greenhouse: Justice Anthony M. Kennedy, author of the 5-to-4 opinion in June that struck down the Defense of Marriage Act, may well be a hero to the gay rights community, and deservedly so. But he’s also the author of the 5-to-4 opinion that upheld the federal ban on […]

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Marriage (litigation) is breaking out all over

July 31, 2013

Since the Supreme Court ruled the Defense of Marriage Act unconstitutional a month ago, gay marriage litigation is growing like weeds in a vacant lot. Some cases were pending when Windsor was decided, some have been filed since then, and at least two involve what will probably become the biggest single category: cases that arise […]

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Whither judicial minimalism?

July 25, 2013

  There is virtually no dispute among elite voices in the law – of the political left or right – that the courts that adjudicate best are those that adjudicate the least number of questions necessary to resolve a dispute. Consider the call of leftist Professor Mark Tushnet to take power away from the courts, […]

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Ohio federal judge orders recognition of Maryland same-sex marriage

July 22, 2013

In a case with heartbreaking facts, U.S. District Judge Timothy Black, sitting in Cincinnati, has ordered the registrar of vital statistics to classify a man as married who was flown to Maryland in a medically equipped jet so that he and his partner could marry before his death. Judge Black noted that John Arthur, who […]

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Equality: Now you see it, now you don’t

June 27, 2013

  [Cross-posted at The Nation] It was the best of weeks and the worst of weeks at the Supreme Court. On Wednesday the Court struck down a law that erased the marriages of same-sex couples from the benefits and burdens of all federal programs, and pulled the plug on efforts to keep a ban on […]

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Commentary on marriage decisions by Matt Coles

June 26, 2013

From Matt Coles, Deputy Legal Director of the ACLU: Counting Heads and Reading Tea Leaves: What Today’s Marriage Decisions May Mean for the Future Today’s decisions in Windsor v. United States and Hollingsworth v. Perry bring us much closer to something almost unimaginable just a few years ago: complete legal equality for LGB people. Windsor […]

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