Relitigating Dunn v. Ray
The Supreme Court has insisted on relitigating and reaffirming its decision in Dunn v. Ray. So let's do that.
The Mandatory Guidelines Predicament in the Sixth Circuit
A recently filed amicus brief asks the Sixth Circuit to reconsider en banc whether prisoners challenged under the mandatory Guidelines can ever air the claim that their sentences are unconstitutional in light of Johnson v. United States.
The Trump administration (with some success) is making an argument to justify discrimination against transgender persons that would roll back some of the protections against other forms of discrimination as well.
Gender Hypocrisy Watch
The administration’s recent claims about gender violence and the humanitarian crisis at the border underscore the administration’s hypocrisy on issues related to gender.
SCOTUS And The Wall
One of the Supreme Court’s pending cases is potentially relevant to one of the challenges to the President’s emergency declaration.
A Note Of Caution About Timbs v. Indiana
The concurring opinions in Timbs v. Indiana raise some concerns about how (some of) the Justices would address the Trump administration’s treatment of undocumented minor women.
The Substance of the Supreme Court’s procedure
Last week’s Supreme Court stay orders say a lot about how the Court views the substance of the underlying constitutional claims in Dunn v. Ray and June Medical Services v. Gee.
Justice Kavanaugh Said No On Roe
In June Medical Services, Justice Kavanaugh did exactly what reproductive justice advocates said he did on the court of appeals, and warned he would do once he got to the Supreme Court. Are you listening Susan Collins?
Korematsu And The Entry Ban (Again)
Recently revealed errors in the report that the administration created pursuant to the second entry ban further underscore the parallels between Korematsu v. United States and the entry ban.
Getting To No On Roe: It Continues
Another recent decision from a court of appeals (this time the Fifth Circuit) illustrates how states and courts can undermine women’s right to decide to end their pregnancies without formally overruling the relevant Supreme Court decisions.