Constitutional law

Court strikes down gag rule for HIV prevention groups

June 20, 2013

The Supreme Court ruled today in Agency for International Development v. Alliance for Open Society that a federal law violated the First Amendment by requiring that recipients of AIDS-related funding adopt explicit policies condemning prostitution. The decision focuses on the constitutional issues that arise when government funds certain programs and imposes limitations on the use of […]

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The end of the term: June Madness

June 19, 2013
USSC conf

The Supreme Court has 14 cases left to decide from its 2012-2013 term, and a week in which to announce the decisions. So we know for sure (barring a truly extraordinary turn of events) that as early as tomorrow and certainly by a week from tomorrow, the world will know the outcomes in four blockbuster […]

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Court hears Romer-style challenge to Tennessee law

June 11, 2013

From Equality on Trial: A Tennessee court of appeals heard arguments Monday in [Howe v. Haslam,] the challenge to HB600, nicknamed the Special Access to Discriminate (“SAD Act”) by equality organizations. The law stripped local governments in the state of their non-discrimination protections for LGBT Tennesseans. The challenge, argued by Shannon Minter of the National […]

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What will happen in California after the Supreme Court rules?

May 31, 2013

If, as many including myself believe likely, the Supreme Court resolves the Prop 8 case by either finding that the proponents of Prop 8 lack standing or that the Court should dismiss the appeal on prudential grounds, what will happen to marriage law in California? Ultimately, but perhaps in a prolonged and ragged fashion, Prop […]

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Abortion restrictions heading to Supreme Court

May 29, 2013

A good summary of the issues that the next round of abortion-related cases in the Supreme Court will probably involve, by Jeffrey Toobin in The New Yorker blog: …The Court may agree to hear one or more abortion cases in its next term. For the most part, these cases have their roots in the Republican […]

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Larry Tribe predicts mixed results in Supreme Court, criticizes Obama and California

May 14, 2013

  The Harvard Law School website has an interview with Professor Larry Tribe with his predictions about what the Supreme Court is most likely to do in the two pending gay marriage cases: [M]y hunch – and it is only that – is that the Court will narrowly conclude that the DOMA [Defense of Marriage […]

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