Does the Constitution require the federal government to afford “equal protection of the laws?” At first glance at the Constitution’s […]
Must the Federal Government Honor an "Equal Protection" Rule? Read More »
(This is the last of five commentaries on recent Supreme Court decisions.) The Fifteenth Amendment, adopted five years after Civil
The Supreme Court’s Latest Voting Rights Case Read More »
(This is the fourth of several short commentaries on recent Supreme Court decisions.) U.S. v. Windsor—the case in which the
The Defense of Marriage Act Case: A Carcass for Constitutional Vultures Read More »
(Note: This is the second of several short commentaries on recent Supreme Court decisions.) There is little more heart-rending than
Is the current U.S. Supreme Court conservative? No, it is not. And certainly not if you define “conservative” as interpreting
The Myth of the “Conservative Supreme Court” Read More »
One of the most enduring myths in American constitutional history is that Chief Justice John Marshall was a judicial activist
The greatly misunderstood Chief Justice John Marshall Read More »
Commentators and journalists sometimes describe the current U.S. Supreme Court as “conservative.” But that’s not true if your definition of
Supreme Court’s New First Amendment Decision Unrelated to the First Amendment Read More »
