November 13, 2020
When attorneys file legal complaints in court, they generally request specific relief for the plaintiff, such as a declaration that government action was unconstitutional, or an injunction, or compensatory damages. Then, just in case they forgot something, they add a catch-all request asking for “any such additional relief as would be just and proper.” While legal documents have a terrible reputation for redundant, stilted language, this catch-all request for relief is not mere boilerplate.
November 13, 2020
On Nov. 4, the Supreme Court heard oral argument in Fulton v. City of Philadelphia, a challenge to the city’s exclusion of Catholic Social Services from participation in the foster care system due to its views on same-sex behavior. This may sound like a run-of-the-mill battle in the culture war, but there’s a lot more to it.
November 9, 2020
Judges write dissenting opinions for all kinds of reasons — to create a roadmap for future challenges, to register their protest, or to persuade their colleagues over time. The best dissents are the ones that never see the light of day because they are so persuasive and they become the majority. And perhaps the saddest are those that began as a majority opinion but ultimately lost the majority.
October 13, 2020
The Voting Rights Act is one of the most successful pieces of legislation ever enacted. In the years immediately after its passage, record numbers of African-American registered and voted. Indeed, by 2012 African-American voting rates were the highest of any demographic in the country.
October 06, 2020
The passing of Justice Ruth Bader Ginsburg just weeks before the start of the Supreme Court’s 2020-21 term has left many wondering: What happens when there’s an eight-member court?
October 5, 2020
The passing of Justice Ruth Bader Ginsburg just weeks before the start of the Supreme Court’s 2020-21 term has left many wondering: What happens when there’s an eight-member court?
September 19, 2020
Justice Ruth Bader Ginsburg, who served for 27 years on the U.S. Supreme Court, passed away on Friday. When her longtime friend and fellow opera fan, Justice Antonin Scalia, died in 2016, Ginsburg lamented that the court would be a “paler place” without her ideological opponent and debate partner.
September 17, 2020
Sorting through the various reading lists for “doing the work,” that is, educating oneself about race and equality in America, there’s one piece that’s conspicuously absent: The Constitution. As the nation’s most important document devoted to equality, it should top the list.
August 13, 2020
The scope and duration of the stay-at-home orders issued by state governors this year are unlike any past pandemic orders in American history. So it is not surprising that several hundred lawsuits have been filed around the country to challenge their application in various contexts.