Erik M. Jensen (Case Western Reserve University School of Law) has posted Three-Fifths Clause -- Article I, Section 2, Clause 3 (The Heritage Guide to the Constitution, Fully Revised 2d ed. (Washington, D.C.: The Heritage Foundation and Regnery Publishing, 2014),...
The petition of the day is: The Bank of New York Mellon v. American Fidelity Assurance Co. 15-1443 Issue: Whether, under this Court’s decision in Daimler AG v. Bauman, personal jurisdiction may be asserted over a corporate defendant only in the defendant’s place of incorporation or principal place o
This morning the Court issued its three final opinions in argued cases for the Term: Voisine v. United States, holding that a domestic-violence conviction is a misdemeanor crime of violence for purposes of limiting access to firearms; Whole Woman’s Health v. Hellerstedt, holding that Texas’s admitti
In a straightforward six-two decision in Voisine v. United States, the Court ruled on the last opinion day of the Term that Congress’s 1996 extension of a firearms prohibition to persons convicted of a “misdemeanor crime of domestic violence” includes “reckless” state misdemeanor offenses. Justice E
Jessica Pieklo is Vice President of Law and the Courts at Rewire. Nearly sixteen years to the day from the last Supreme Court ruling in support of abortion rights and it is Justice Stephen Breyer, again, leading the push back against state-level abortion restrictions. Only unlike his majority opinio
Hampton Dellinger is a partner in the Washington, D.C., office of Boies, Schiller & Flexner LLP. In Citizens United v. Federal Election Commission and McCutcheon v. Federal Election Commission, the Supreme Court retracted congressionally enacted floodgates meant to curb money in politics. In the
On Monday, National Constitution Center CEO and President Jeffrey Rosen joined the Diane Rehm Show to discuss the constitutional aspects of the Supreme Court’s final decisions of its current term.
James G. Wilson (Cleveland State University College of Law) has posted Does Centralized Private Power Corrode the Rule of Law? (Cleveland State Law Review, Vol. 64, No. 2, 2016) on SSRN. Here is the abstract: It is difficult to define...
Update (7:40 p.m.): Twitter has reactivated our @SCOTUSblog account and restored the deleted tweets. Today we had our annual running of the trolls — wherein we respond to people who direct mostly hateful and sometimes cute things to our @SCOTUSblog account, thinking it is the official Twitter accoun
This morning the Court issued a unanimous decision in McDonnell v. United States, invalidating the federal corruption convictions of former Virginia governor Bob McDonnell. Coverage of the opinion comes from Lyle Denniston for this blog, Amy Howe at her own blog, Eyder Peralta of NPR, Pete Williams
This morning the Court issued a five-to-three opinion in Whole Woman’s Health v. Hellerstedt, striking down as unconstitutional two provisions of a Texas law regulating abortions in that state. Lyle Denniston covered the ruling for this blog. Other early coverage comes from Camila Domonoske of NPR;
David H. Gans is the Director of the Human Rights, Civil Rights & Citizenship Program at the Constitutional Accountability Center. In a huge win for women’s liberty, equality, and dignity, the Supreme Court today reaffirmed that the Constitution protects a woman’s right to choose abortion and he
by Dawn Johnsen, Walter W. Foskett Professor of Law, Indiana University Maurer School of Law; member, ACS Board of Academic Advisors * This post is part of the ACSblog symposium: Members of the ACS Board of Academic Advisors reflect on the 2015-2016 Supreme Court Term. *This post originally appeare
by Joseph Fishkin, Professor, University of Texas at Austin School of Law and Co-Faculty Advisor to the ACS Student Chapter and Member of the ACS Board of Academic Advisors*This post is part of the ACSblog symposium: Members of the ACS Board of Academic Advisors reflect on the 2015-2016 Supreme Cour
Michael J. Perry (Emory University School of Law) has posted Fisher v. University of Texas at Austin: An Imagined Opinion, Concurring in the Judgment on SSRN. Here is the abstract: In FISHER v. UNIVERSITY OF TEXAS AT AUSTIN, decided on...
Adam Rigoni (Barrett Honors College at Arizona State University) has posted The Moral Impermissibility of Efficient Breach on SSRN. Here is the abstract: Recently, some economic theorists have argued that efficient breach is in fact morally justified. This paper demonstrates...
Brian Z. Tamanaha (Washington University in Saint Louis - School of Law) has posted Necessary and Universal Truths About Law? (Ratio Juris, 2016, Forthcoming) on SSRN. Here is the abstract: This essay critically examines claims by analytical jurisprudents that there...
Law Blog chats with Jones Day partner Noel Francisco, who successfully represented former Virginia Gov. Bob McDonnell before the Supreme Court.
On the same day as a major Supreme Court decision, three experts convened at the National Constitution Center to discuss current and future constitutional debates about abortion.
The Supreme Court's current term is now over, and it's time to review the major decisions from the Justices from the past few months.
Highlights from the Supreme Court's majority and dissenting opinions in Whole Woman’s Health v. Hellerstedt.
In the final case of its current term, a unanimous Supreme Court vacated former Virginia Governor Bob McDonnell’s corruption conviction, disagreeing with how his alleged criminal acts were defined.
Professor Ruthann Robson, City University of New York (CUNY) School of Law The United States Supreme Court's opinion in Whole Woman's Health v. Hellerstdet (previously Cole), declares unconstitutional both the admitting privileges and surgical center requirements of the controversial Texas
A divided Supreme Court on Monday ruled against a Texas law that placed restrictions on how women can gain access to abortions at clinics.
In a majority 6-2 decision on Monday, the Supreme Court upheld a federal law that restricts gun ownership for a person convicted of reckless domestic assault.
by Paul M. Smith, Partner at Jenner & Block and Member of the ACS Board of DirectorsAs we celebrate the June 26 anniversary of the huge victory for marriage equality a year ago in Obergefell, it is good to recall that this date in June also saw two other key victories for LGBT equality – Lawrenc
Introduction One of the most important topics in legal theory is “legal interpretation,” the theory of the derivation of meaning from legal texts. Of course, legal interpretation is a very large topic, with several different dimensions and approaches. This post...
The Supreme Court ends its current term on Monday with three important, but very different cases, on abortion, political corruption and the qualifications of gun ownership. Here is a breakdown of the cases.
In commemoration of the 400th anniversary of William Shakespeare’s death, Barry Edelstein of the Old Globe in San Diego delves into the Bard’s greatest plays to address the broad question of what Shakespeare can teach us about justice.