Tag American government

Bostock and Originalism

Mark Tushnet— On June 15, 2020, the Supreme Court decided Bostock v. Clayton County. Dividing 5-4, the Court held that the ban on employment discrimination “because of sex” in Title VII of the 1964 Civil Rights Act extended to discrimination against gays, lesbians, and transgender people. Remarkably, both Justice Neil

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The Substance of the Constitution: Rights, Structures, Conventions

Mark Tushnet— Donald Trump’s election and the first weeks of his presidency show us some of the ways in which the Constitution matters. When trying to understand how our constitutional system works, I like to identify three “parts” of the Constitution: rights, structures, and conventions. It’s easiest to focus our

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Evading the FBI: The Weather Underground Organization

Arthur Eckstein— Weatherman—the Weather Underground Organization—was the most famous group of young people committed to revolutionary violence to emerge out of the late 1960s. In protest of American racism and the Vietnam War, they detonated more than two dozen dynamite bombs between 1970 and 1975, and hit some spectacular targets,

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