an unanticipated consequence of
Jack M. Balkin
Friday, July 03, 2015
The Remarkable Disappearance of State Justifications in
Over at the Slate "Breakfast Table," I have a post describing the handful of biggest surprises in what was in fact (or so I argu...
Thursday, July 02, 2015
Dignity and same-sex marriage
As everyone expected, the Supreme Court decided that same-sex couples have a right to marry by a 5-4 margin, with Anthony Kennedy writi...
What is a Legislature?
The constitutional question in Arizona State Legislature v. Arizona Independent Redistricting Commission ( AIRC ) is whether the State of ...
Wednesday, July 01, 2015
A Telling Substitution
I want to make a small observation about the Court's opinion on same-sex marriage. In West Virginia State Board of Education v. Barnett...
Obergefell on Conscience
Douglas NeJaime & Reva Siegel As religious liberty objections to marriage continue to mount , what does Obergefell v. Hodges have to s...
Fragile Democracies: An Interview with Sam Issacharoff
I recently spoke with Sam Issacharoff (NYU Law School) about his new book, Fragile Democracies: Co...
Tuesday, June 30, 2015
Hobby Lobby’s Bitter Anniversary
Nelson Tebbe, Richard Schragger, and Micah Schwartzman A year ago today, the Supreme Court handed down Hobby Lobby . There, famously...
The Kennedy Problem
Over at Concurring Opinions Ronald Collins asks why none of the four "liberal" justices wrote a separate concurring opinion in Ob...
Gay rights, religious accommodations, and antidiscrimination law
A symposium on "Religious Accommodations in the Age of Civil Rights" has just been published in the Southern California Law Review...
Monday, June 29, 2015
Obergefell and the End of Religious Reasons for Lawmaking
Micah Schwartzman, Richard Schragger, and Nelson Tebbe At Religion & Politics , the online publication of the Danforth Center on Relig...
A Note to Append to Justice Scalia's Dissent in Arizona Redistricting
As Justice Scalia observed, the Court in Coleman v. Miller was "equally divided" on one of the questions in the case, though not...
Obergefell, Democratic Constitutionalism, and Judicial Review
Among their many other virtues, the opinions in Obergefell v. Hodges contain an important debate about judicial review in a democratic soci...
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