Tag: Supreme Court

The Dangerous Fallacy of Originalism

The Dangerous Fallacy of Originalism

Erwin Chemerinsky— One more example—a particularly powerful one of originalists abandoning originalism when it does not serve their ideological goals—is affirmative action. The originalists who have been on the Court,… READ MORE

The Death of DOMA

The Death of DOMA

Jack M. Balkin— The two important federal challenges brewing in the courts—the struggle over California’s Proposition 8 and the challenge to the federal Defense of Marriage Act—converged on the Supreme… READ MORE

Ruth Bader Ginsburg’s Opera

Ruth Bader Ginsburg’s Opera

William N. Eskridge Jr.— Ruth Bader Ginsburg passionately loved her family, her job as a judge, constitutional law, and opera—not always in that order.  I first came to know and… READ MORE

Bostock and Originalism

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… READ MORE

Rethinking the History of Religious Freedom

Rethinking the History of Religious Freedom

Robert Louis Wilken— In the Supreme Court case Minersville School District v. Gobitis, 1940, that upheld compulsory pledging of allegiance to the U.S. flag in schools, Justice Felix Frankfurter, writing… READ MORE

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