Economic inequality

  • October 3, 2014

    by Caroline Cox

    Lyle Denniston looks at what is next for same-sex marriage in the Supreme Court at SCOTUSblog.

     A ruling from the U.S. Court for the Fifth Circuit closed all but eight Texas abortion clinics, reports Sarah Kliff of Vox.

    In Alliance for Justice’s blog, Meghan Jones and Christopher Brook discuss State v. Heien and why law enforcement ignorance of the law is not an excuse for Fourth Amendment violations.

    Eliot Hannon reports in Slate on the religious discrimination case against Abercrombie & Fitch that the Supreme Court will hear this term.

    Daniel Gutiérrez discusses in Jacobin the how migrant workers bear the brunt of capitalism’s challenges to labor. 

  • September 19, 2014
    Guest Post

    by Atiba R. Ellis, Associate Professor of Law, West Virginia University College of Law, @atibaellis. This post is part of our 2014 Constitution Day symposium.

    On September 17, 1787, the framers signed the U.S. Constitution. The document they approved 227 years ago is a work of genius as it provided a democratic republic that has endured economic turmoil, mass insurrection, and disasters of various sorts -- forces that have toppled other democracies.  The U.S. Constitution, the oldest enduring written constitution in the world today, has endured and preserved democracy based upon rule of law.

    Although one might point to the advantages and disadvantages of federalism, the dynamics of enumerated powers, or the political compromises that undergird separation of powers as powerful tactics the Constitution deploys, it is not in any of these mechanisms where the genius of the Constitution lies. Its true genius is its mechanism to allow we the people to reinvent our democracy as our times and ethics demand. It is this power of reinvention that has allowed our constitution to endure and matter to the world. 

    This power of democratic transition is best illustrated in the way our Constitution has been reinvented, over time, from a document that enshrined inequality to one that strives for equality. The Constitution of 1787 reflected and implemented a social theory we would not recognize or sanction today. The Constitution endorsed states’ rights (though this name would not be invented until a century later to protect slavery) and left it to the states to structure the social relations of the nation. Thus, despite a Bill of Rights that protected the rights of citizens, the Constitution allowed the chattel slavery of Africans to endure in the United States when it was being abolished in other parts of the world. The Constitution allowed women to be treated as property. Despite our hymns to constitutional genius, the lived experience of the eighteenth and nineteenth centuries was rooted in inequality.

    To focus merely on the genius of the original document (and as a consequence, elevate those times and those founders) is to fixate on an originalism that suffered subordination and endorsed a hierarchy. And, as our experience with the Civil War illustrates, the country came within a hair’s breath of being dismantled by faction and racism due to an unwillingness to recreate the United States.

    Yet our Constitution endures because it has embedded within it mechanisms by which our evolving notions of equality and justice may receive constitutional protection from the tyranny of caste and status. Though volumes have been written on this topic, it is worth remembering in our celebration of the Constitution that the amendment process and the wisdom of legislators and judges who sought to make manifest the idea of equality helped to preserve the Union at its most imperiled points. One needs only recount the work of Reconstruction, the long march from segregation to Civil Rights, the movement towards women’s equality, and our modern day same-sex marriage cases to see how the long arc of equality has progressed. And all of these changes have been enabled through an American constitutionalism that, in the words of Harper v. Virginia, is not shackled to the political theory of a particular era.

  • September 2, 2014

    by Caroline Cox

    Eric J. Segall, who spoke at the ACS Supreme Court Review in June, profiles in Salon Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit and his rulings on high-profile cases that are likely to be decided by the Supreme Court.

    In The New York Times, Adam Liptak reports that Supreme Court justices are increasingly putting data from amicus briefs into their opinions.

    Robert J. Samuelson argues in The Washington Post that more workers are at the mercy of the market and questions whether this trend will continue.  

    Vanita Gupta argues at CNN that drug laws are too harsh and out of step with public opinion.

    The question of how much oversight the federal government can have over state voter ID laws is up for debate in Texas, reports Laurel Brubaker Calkins for Bloomberg

  • September 2, 2014

    by Paul Guequierre

    If you’re like me, you’re sitting at your desk on a Tuesday morning after a nice three-day weekend. Perhaps you enjoyed a nice cookout or two, went to a party, or spent the last unofficial weekend of summer finalizing your tan before fall and then winter takes us by storm. It was a great weekend. But as readers of ACSblog, you know the last three days of leisure didn’t come without the blood, sweat and tears of the labor movement. 

    The Tuesday after Labor Day weekend is the perfect time to reflect on what labor unions have done for us, and perhaps even more importantly, what we can now do for labor unions as they face attack after attack by the right-wing. From Scott Walker to Harris v. Quinn, the labor movement is in the middle of a political firestorm, on one front fending off the attacks, and on the other, continuing to fight for fair and just workplaces, livable wages and safe working environments.

  • August 22, 2014

    by Caroline Cox

    Marcia Coyle of The National Law Journal interviews Justice Ruth Bader Ginsburg, discussing racial problems in the U.S., major rulings, and law schools.

    Bob Herbert writes for Jacobin on the likelihood of another Trayvon Martin or Michael Brown: “The deepest concerns of blacks are seldom acted upon in any sustained, effective way. Most of the time, they are not even taken seriously.”

    In The New York Times, Claire Cain Miller explains how part-time pay hurts working mothers.

    Sarah Jaffe, Mariame Kaba, Randy Albelda and Kathleen Geier write in The Nation on the need to end the demonization of poor mothers.

    Carson Whitelemons of the Brennan Center for Justice explains how voting rights laws in Ferguson block citizens from having a fair say.