Birth Control Is Not Abortion

9/7/18  //  Quick Reactions

By Greg Lipper: At his confirmation hearing, Judge Kavanaugh used the phrase “abortion-inducing drugs" while referring to a case he heard on the DC Circuit. This description of the case is at odds with modern science and suggests his hostility to foundational privacy precedents.

Take Care

The (Ir)relevance of parental consent requirements to Garza

9/5/18  //  Quick Reactions

Judge Kavanaugh suggested he was faithfully applying parental consent cases in Garza v. Hargan. He's wrong.

Leah Litman

U.C. Irvine School of Law

An Emolumental Take On the President Versus The Presidency

7/26/18  //  Quick Reactions

The recent opinion allowing the plaintiffs' emoluments claims to go forward comports with recent suggestions about separating this President from the office of the Presidency.

Leah Litman

U.C. Irvine School of Law

Scott Pruitt is Gone. What’s Next Could Be Worse.

7/5/18  //  Quick Reactions

Pruitt’s departure is warranted and long-overdue. But given what likely lies ahead, it is hardly cause to breathe easy.

Eli Savit

University of Michigan Law School

Senator Collins's Shell Game On Roe v. Wade

7/3/18  //  Quick Reactions

Susan Collins claimed that there is no reason to worry about Justice Kennedy's replacement because the Chief Justice (!!!) and Justice Gorsuch (¯\_(ツ)_/¯) would never overturn Roe v. Wade. That's wrong.

Leah Litman

U.C. Irvine School of Law

The Ideological Balance of the Supreme Court Hangs On The Midterm Elections— But Not Because Of Kennedy

6/29/18  //  Quick Reactions

Whoever controls the Senate in the next two years may well determine who fills Justice Thomas’s seat.

G. Michael Parsons

Private Practice

The Bearable Lightness of Janus

6/27/18  //  Quick Reactions

The Supreme Court's ruling in Janus sounds like a pretty big problem for organized labor. But it doesn’t have to be.

Aaron Tang

UC Davis School of Law

On The Entry Ban, The Supreme Court Says It’s Up To Us

6/26/18  //  Quick Reactions

In Trump v. Hawaii, the Court reminded us that the courts will not be there to save us. It is up to us, instead.

Leah Litman

U.C. Irvine School of Law

The Imminent Demise of Chevron Deference?

6/21/18  //  Quick Reactions

Justice Kennedy wrote a concurrence today that could rock the world of administrative law, with huge implications for federal policy.

Joshua Matz

Publisher

Beckles v. US As Anti-Canon

6/18/18  //  Quick Reactions

Today's federal sentencing opinions create even more tension between the Court's sentencing jurisprudence and Beckles v. United States.

Leah Litman

U.C. Irvine School of Law

If You’re Minnesota Nice, You Can Wear Whatever You Want to the Polls

6/14/18  //  Quick Reactions

By Ilya Shapiro: SCOTUS has ruled that a Minnesota law banning 'political' apparel at polling places violates the First Amendment

Take Care

A Brief and Obvious, But Nonetheless Necessary, Observation About Today's SCOTUS decision in the Ohio Voter Registration Case

6/11/18  //  Quick Reactions

I wouldn't accuse any of the justices of voting in voting rights cases based on a conscious calculation of what's best for the Republican or Democratic Party. But an inference of at least subconscious bias certainly fits the facts.

Michael C. Dorf

Cornell Law School

The Results Are In: Law Firms & Mandatory Arbitrations

6/11/18  //  Quick Reactions

The results of the survey to law firms recruiting on campus shows which firms use mandatory arbitration, and which firms deigned to respond at all.

Leah Litman

U.C. Irvine School of Law

The Supreme Court’s Upside-Down Decision In Masterpiece

6/7/18  //  Quick Reactions

By Nelson Tebbe & Larry Sager: Now is the time to solidify our understanding of Masterpiece, because other wedding vendor cases are still pending in the Supreme Court and in lower courts.

Nelson Tebbe

Brooklyn Law School

Fury and Despair over the Masterpiece Cakeshop Ruling are Misplaced

6/6/18  //  Quick Reactions

Justice Kennedy makes an open-ended call for tolerance and compromise in his opinion. For that, he should be commended

Joshua Matz

Publisher