Clik here to view.
Individual Mandate Upheld–Medicaid Expansion Upheld (Mostly)
I blogged on January 18, 2012, about the constitutional challenges to the Patient Protection and Affordable Care Act (“the Act”) , where I expressed the view that the individual mandate was clearly...
View ArticleClik here to view.
The Health Care Act Decision: A Video Discussion
On June 28, 2012, I blogged about the Supreme Court‘s blockbuster health care act decision (PDF), handed down on that same day. As almost everyone knows by now, this decision upheld the individual...
View ArticleClik here to view.
Affirmative Action and Fisher v. University of Texas: A Video Discussion
As most of you know by now, the Supreme Court has granted certiorari in Fisher v. University of Texas, an affirmative action case that was argued on October 10, 2012. I previously blogged about...
View ArticleClik here to view.
Know Your Constitution (1): The Structure of Government
Constitutional Education for Citizens United States citizens, in my view, have an obligation to understand their government, the Constitution that created it and the Supreme Court‘s role in...
View ArticleClik here to view.
Know Your Constitution (2): Myths About the Constitution
My post of November 12, 2012, on the structure of our government, was the first in a series called “Know Your Constitution.” This series is intended to educate citizens about the Constitution and the...
View ArticleClik here to view.
Know Your Constitution (3): Myths About the Supreme Court
I blogged on November 29, 2012, regarding two myths about the Constitution. That post was the second in my series, “Know Your Constitution,” which is intended for a general audience. This is the third...
View ArticleClik here to view.
“Section 1983 Is Born”: A Working Paper
I have written an article about the birth of section 1983 in the Supreme Court that I hope to have published this year. The article is entitled: Section 1983 Is Born: The Supreme Court Stories of...
View ArticleClik here to view.
Know Your Constitution (4): What Is Equal Protection?
This is the fourth in a series of posts about the Constitution that is intended for a general audience. Previous posts introduced the Constitution and then rebutted some commonly held myths about the...
View ArticleClik here to view.
The Second Amendment and Gun Control: Unanswered Questions
Background As most everyone knows by now, in District of Columbia v. Heller, 554 U.S. 570 (2008), the Supreme Court (5-4, opinion by Justice Scalia) for the first time found an individual Second...
View ArticleClik here to view.
A Short Video on Equal Protection Basics
I blogged on January 31, 2013, as part of my series on the Constitution: Know Your Constitution (4): What Is Equal Protection? The following is a link to a five-minute video I made for Chicago-Kent’s...
View ArticleClik here to view.
Certiorari Granted in Madigan v. Levin: An Important Section 1983/ADEA...
Certiorari Granted in Madigan v. Levin The Supreme Court granted certiorari on March 18, 2013, in Levin v. Madigan, 692 F.3d 607 (7th Cir.), cert. granted sub nom. Madigan v. Levin, 132 S. Ct. —...
View ArticleClik here to view.
Class-of-One Equal Protection Claims: Uncertainty in the Seventh Circuit
Class-of-One Equal Protection Claims It may surprise some of you to know that one can have a successful equal protection claim without being a member of a racial, gender, ethnic or other group. In...
View ArticleClik here to view.
DeShaney in the Circuits (III): The Fifth Circuit En Banc Holds the Line
Affirmative Duty Issues After DeShaney v. Winnebago County, 489 U.S. 189 (1989) I have blogged twice previously about DeShaney affirmative due process duty issues in the circuits. The first time was on...
View ArticleClik here to view.
DeShaney in the Circuits (IV): The Seventh Circuit’s Reformulation
My last post was on DeShaney v. Winnebago County Dept. of Social Services, 489 U.S. 189 (1989), and the Fifth Circuit‘s restrained approach to affirmative duties. So I thought it might also be useful...
View ArticleClik here to view.
The Fisher Case on Affirmative Action and the Shelby County Case on Voting...
The Supreme Court handed down two important decisions on race in this last week of its 2012 Term that have more in common than appears on first reading. Fisher The first is Fisher v. University of...
View ArticleClik here to view.
The Agency for International Development Case: A New Supreme Court Decision...
The Supreme Court handed down an important First Amendment decision on June 20, 2013, that has attracted relatively little attention thus far. The decision is Agency for International Development v....
View ArticleClik here to view.
First Amendment Retaliatory Arrest Decisions After Reichle
I blogged on March 29, 2012, about the Supreme Court‘s grant of certiorari in Reichle v. Howards, a case arising out of the Tenth Circuit. The Supreme Court had granted certiorari to deal with the...
View ArticleClik here to view.
New University Academic Freedom Decision from Ninth Circuit: Demers v. Austin
Background on Garcetti and Public Employee Free Speech Some time ago I blogged critically about the Supreme Court‘s game-changing public employee free speech decision in Garcetti v. Ceballos, 547 U.S....
View ArticleClik here to view.
Town of Greece v. Galloway: Pending Supreme Court Decision on Legislative...
The Town of Greece Case Suppose a town, over a period of a decade or so, regularly invited Christian clergymen to lead the opening prayers in town board meetings. Suppose also that these clergymen,...
View ArticleClik here to view.
A Video Presentation on Town of Greece v. Galloway
My most recent post set out the pending Supreme Court case, Town of Greece v. Galloway, dealing with legislative prayer and the Establishment Clause. I was recently interviewed by my colleague,...
View Article
