In an op-ed for The New York Times, Bruce Ackerman eloquently compares the current state of gay marriage to the struggle of the civil rights movement in order to “emphasize the link between institutionalized humiliation and the constitutional requirements of equal protection.” Indeed, as Ackerman’s analysis points out, “dignity is a constitutional principle.”
At Jost on Justice, Kenneth Jost notes that death row inmates are challenging the lethal injection formula that is being used for executions. In the piece, Jost explains why “it is not too much to ask that courts make sure that lethal injections, as carried out, are the humane executions they are supposed to be.”
Jeffrey Toobin at The New Yorker reports on the successes of the Affordable Care Act thus far, the fecklessness of some of its promoters and the law’s most critical hurdle.
Writing for Just Security, Marty Lederman describes why Hussain v. Obama is “a habeas case to keep an eye on.”
As the Supreme Court prepares to hear Sebelius v. Hobby Lobby Stores Inc. and Conestoga Wood Specialties Corp. v. Sebelius, Leslie C. Griffin at Hamilton and Griffin on Rights discusses why “Conestoga could provide a more important—and dangerous—precedent than Hobby Lobby.” Walter Dellinger, Member of the ACS Board of Advisors, writes an op-ed for The Washington Post explaining why the Court should “reject claims of religious entitlement that so greatly burden the interests of others.” For more on the “contraception mandate” cases, read Professor Griffin’s ACSblogpost on the Religious Freedom Restoration Act and more.
Just weeks after Arizona Gov. Jan Brewer vetoed legislation that would allow businesses to discriminate on the basis of religion, an attempt in Georgia, to pass a similar bill last Thursday, has failed. Georgia Republican State Sen. Josh McKoon “attempted to attach the measure to two unrelated bills in the state legislature, hoping to get the controversial measure passed on the last day of the session.” Adam Serwer at MSNBC has the story.
Writing for the The New York Times, Member of the ACS Board of Directors Linda Greenhouse comments on the most recent decision from the high court regarding railroad rights-of-way to reveal “how far the Supreme Court should go to acknowledge the real-world context of its decisions.”
The public’s call for more transparency at the high court continues. At Jost On Justice, Kenneth Jost comments on the “Supreme Court’s obsession with secrecy.”
Gerard Magliocca at Concurring Opinions reveals how the “Four Horsemen”—the four conservative justices who opposed President Roosevelt’s New Deal programs from 1932–1937—made it to the Supreme Court.
Writing for The Global Legal Post, ACS Board Member Reuben Guttman addresses the growing “privatisation of America.” In the piece, Guttman discusses the extensive use of private contractors and questions whether “we really have a modern day United States Government ‘of the people, by the people, and for the people’?”
U.S. Attorney General Eric Holder testified last week before the U.S. Sentencing Commission about a proposal that would reduce the federal prison population. Among other things, the amendments would offer “modestly shorter sentence recommendations [for] low level, nonviolent drug offenders.” Jessica Eaglin at the Brennan Center for Justice has the story.
The Supreme Court is set to review a petition for certiorari in a case involving whether a photographing company can deny services to same-sex couples on the basis of religion. Richard Wolf at USA TODAY breaks down Elane Photography, LLC v. Willock.
As the high court prepares to hear oral argument in Sebelius v. Hobby Lobby Stores, Inc., Lawrence Hurley at Reuters notes how the justices could “dodge the contentious question of whether corporations have religious rights.”
Writing for The Daily Beast, Jamelle Bouie debunks the assumption that “culture” is to blame for inner-city black poverty.
At Opinio Juris, Julian Ku discusses his participation in a hearing of the Privacy and Civil Liberties Oversight Board that addressed the National Security Agency’s surveillance authority.
Yesterday, President Obama requested a review of the administration’s enforcement policies for immigration laws. The White House asked Secretary of Homeland Security Jeh Johnson to oversee the process. Seung Min Kim and Reid J. Epstein at POLITICO report on the president’s effort to create a more humane immigration system.
In 1975, Sen. Frank Church (D- Idaho) organized a Senate committee to review American intelligence activities. Referred to as the Church Committee, the group uncovered secret wrong-doings by the U.S. government. Frederick A. O. Schwarz, Jr. at The Nation argues “why we need a new Church Committee to fix our broken intelligence system.”
Mississippi lawmakers voted to “study” a bill that gay rights activists believe would promote discrimination on the basis of religion. Adam Serwer at MSNBC comments on “the latest setback for the religious right.”
Writing for Voices at the Open Society Foundations, Viorel Ursu explains why Ukraine’s future will be decided “by the new government’s response to the fundamental demands for justice.”
At The Atlantic, Andrew Cohen notes the “problem of lengthy delays in capital cases.”
Dan Markel at Prawfsblawg breaks down a new paper by Larry Krieger that helps answer the question, “What makes lawyers happy?”
As the Supreme Court prepares to hear Sebelius v. Hobby Lobby Stores, Inc. on Mar. 25, the companies refusing to provide contraception insurance coverage to their employees prepare to “frame their objections narrowly.” Emily Bazelon at Slate reveals “what the religious right really thinks of birth control.”
Jeffrey Thompson, a government contractor, pleaded guilty to funneling large amounts of campaign contributions to several political candidates, including Washington, D.C. Mayor Vincent Gray. Zoe Tillman at Legal Times reports on the growing controversy surrounding Thompson’s trial and the implications for the 2014 mayoral election.
A group of Californians filed a petition for certiorari with the Supreme Court in an effort to “block a city ordinance banning gun ammunition-holders (‘magazines’) that contain more than ten bullets.” Lyle Denniston at SCOTUSblog breaks down Fyock v. City of Sunnyvale.
A same-sex couple filed for divorce in Alabama, causing a plethora of legal questions to arise in a state that refuses to recognize gay marriage. Brian Lawson of The Huntsville Times describes how the state’s marriage ban is “[leaving] the couple without an easy way to untie the knot.”
At The New York Times, Paul Krugman explains why “taking action to reduce the extreme inequality of 21st-century America would probably increase, not reduce, economic growth.”
Staci Zaretsky at Above the Law comments on the U.S News & World Report 2015 law school rankings.