The Electoral College Shouldn’t Get in the Way of D.C. Statehood

7/7/20  //  Commentary

By Jessica Bulman-Pozen & Olatunde Johnson: On June 26, 2020, the House of Representatives voted to make DC the fifty-first state in our Union. This should be an urgent priority for the 117th Congress—but before passage, the bill should be modified in a way blessed by the Supreme Court’s decision yesterday in Chiafalo v. Washington.

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Who Decides the Future of the Equal Rights Amendment?

7/6/20  //  In-Depth Analysis

Congress should decide what happens to the Equal Rights Amendment, not the courts or the Executive Branch.

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Pinkwashing the Supreme Court

7/2/20  //  Commentary

The Court’s LGBTQ rulings should not distract from the broader trajectory of its jurisprudence in favor of the privileged.

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Unbinding Leniency: Evaluating the Obama Clemency Initiative and Its Lessons

6/22/20  //  In-Depth Analysis

A recent article evaluates President Obama's clemency initiative and its lessons for criminal justice reform.

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The Fight for Contraceptive Coverage Rages in the Time of COVID-19

5/6/20  //  Commentary

Even the Supreme Court has been required to take unprecedented steps by closing the building, postponing argument dates, and converting to telephonic hearings. Those impacts should be reflected in all aspects of the Court’s work, including the decisions it renders for the remainder of this term.

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Are There Five Textualists on the Supreme Court? If So, They’ll Rule for Transgender Workers.

5/6/20  //  Commentary

The Title VII cases before the Court present a fundamental question: are there really five textualists on the Court? We’ll find out soon.

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Sovereignty In A Public Health Crisis

5/4/20  //  Commentary

Don Herzog explains why sovereignty talk is useless to resolving public health issues -- and basically everything else too.

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Executive Branch Inconsistency on Congressional Standing

4/27/20  //  Commentary

By Ashwin Phatak: Although DOJ has recently taken the position in litigation that the House of Representatives lacks standing to bring a civil action to enforce a subpoena against an Executive Branch official, that position conflicts with prior DOJ precedents

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The Wide Array of Amicus Briefs in the Congressional Oversight Cases Underscore Their Importance

3/23/20  //  In-Depth Analysis

By Ashwin Phatak and Charlie Miller: This Term, the Supreme Court will hear a pair of consolidated cases concerning Congress’s oversight and investigative powers. A number of amicus briefs filed in the Court explain in different ways the broader issues at stake in these cases.

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June Medical Symposium: The Court Must Recognize Women's Equality

3/2/20  //  Commentary

With the argument in June Medical days away, Gretchen Borchelt of the National Women's Law Center argues that the Court must "reaffirm that women’s equality is fundamentally connected to the right to abortion."

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June Medical Symposium: Louisiana’s Salvo Against Abortion Providers' Standing is Another Attack on Precedent and on Common Sense

2/28/20  //  Commentary

Three leading scholars call Louisana's attempt to deny doctors standing in abortion-related cases "cynical," and they explain why the Court would have to upset decades of well-settled, sensible precedent to agree with Louisiana.

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June Medical Symposium: How We Know that Louisiana’s Admitting Privileges Law is Rooted in Unconstitutional Sex Stereotypes

2/27/20  //  Commentary

Many have argued that the law at issue in June Medical does not promote anyone's health. But, looking deeper, Priscilla Smith argues that the state's whole statutory scheme "reflects and entrenches unfounded stereotypes about women."

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June Medical Symposium: The History Behind Third Party Standing Arguments

2/26/20  //  Commentary

In the third post in our Symposium on June Medical, Professor Mary Ziegler links Louisiana's argument that doctors lack standing to litigate cases related to abortion with a broader shift in litigation tactics by those opposed to abortion. And she wonders whether a reversal of precedent on standing doctrine could lead inevitably to the end of Casey and Roe.

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June Medical Symposium: The Quiet Erasure Of The Right To Abortion

2/25/20  //  Commentary

In our Symposium on June Medical, Andrew Beck of the ACLU's Reproductive Freedom Project wonders if a decision in this case will leave many Americans with a right to abortion on paper—but not in practice.

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Arguing Queer Rights

11/18/19  //  Commentary

The Supreme Court arguments in the Title VII cases provide a good occasion to revisit how we talk about gender and sexual minorities.

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