Justice Ruth Bader Ginsburg has been a passionate advocate for progressive ideals during her long tenure on the Supreme Court. However, many on the left are urging Justice Ginsburg to retire at the end of the Court’s current term, in order to avoid risking “a Republican president filling her seat.” Garrett Epps at The Atlanticexplains why “this Supreme Court justice will leave the bench when she's ready, regardless of what others think.”
Writing for NYRblog, David Cole—Co-Faculty Advisor for the Georgetown University Law Center ACS Student Chapter—comments on the growing controversy regarding the Central Intelligence Agency’s alleged tampering with a Senate torture investigation. Cole argues that the CIA’s “desperate efforts to hide the details … are only the latest evidence of the poisonous consequences of a program euphemistically called ‘enhanced interrogation.’”
The Cleveland-Marshall College of Law has announced a plan to allow its students the opportunity to end law school early while earning a Master of Legal Studies degree. Karen Sloan at The National Law Journal breaks down the first “risk-free Juris doctor program.”
Ronald K. L. Collins at Concurring Opinions examines how Justice Antonin Scalia’s “view of textualism and originalism … plays out in the First Amendment context.”
At Balkinization, Marty Lederman provides readers with a collection of his commentary on Sebelius v. Hobby Lobby Stores, Inc. A list of ACS resources on Hobby Lobby and other challenges to the Affordable Care Act can be found here.
Peter Hardin at GavelGrab discusses the Tennessee Supreme Court’s decision to uphold retention elections.
Students from Yale Law School wrote a letter admonishing Sen. Chris Coons (D-Del.) for voting against the nomination of Debo Adegbile to head the Civil Rights Division of the Justice Department. Sen. Coons voted against Adegbile because he oversaw an appeals process for a convicted murderer while at the NAACP Legal Defense and Education Fund. Ryan J. Reilly at The Huffington Post reports on the letter.
On Monday, Tarek Mehanna’s lawyer asked the Supreme Court to review his client’s seventeen-year imprisonment by a Boston jury for “providing material support to the Al-Qaeda terrorist network.” Lyle Denniston at SCOTUSblog notes the First Amendment implications of Mehanna’s conviction.
Anticipation is growing as the Supreme Court prepares to hear oral argument for Sebelius v. Hobby Lobby Stores, Inc. In an article for Slate, Adam Winkler—Faculty Advisor for the UCLA School of Law ACS Student Chapter—explains why corporations should have the rights of “legal personhood that are essential to their operations” and why “Hobby Lobby should lose.”
Kirk Siegler at NPR discusses why “California is shaping up to be the next major battleground over the Second Amendment.”
Celebrating Women’s History Month, Cortelyou Kenney at Womenstake discusses the “gains women have made in terms of their representation on the federal judiciary … under the Obama administration.”
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.
Religious freedom is crucial to the American experience. Indeed, a longing for the right to worship according to the dictates of conscience is one of the reasons our nation exists.
Religious freedom encompasses many concepts. Fundamentally, it means the power to choose where and how you will worship—or if you’ll worship at all. It also means that the government has no right to compel anyone to take part in religious exercises or force its citizens to directly subsidize houses of worship. It means that decisions about faith are private and belong firmly anchored in what Supreme Court Justice Tom Clark once eloquently referred to as the “inviolable citadel of the heart.”
That’s what religious freedom is. Here is what it is not: a tool to control others or to diminish their rights. Yet, increasingly, this is how some Americans are defining religious liberty. Because religious freedom is central to our democracy, it’s important that we get this right.
I wrote Taking Liberties: Why Religious Freedom Doesn’t Give You the Right to Tell Other People What to Do because I was concerned that a noble principle designed to protect individual freedom was being warped into an instrument of mass oppression. This must not happen.
The Justice Department has been asked to investigate accusations of CIA surveillance of computers used by Senate staff to prepare a Senate Intelligence Committee report allegedly detailing “how the CIA misled the Bush administration and Congress about the use of interrogation techniques that many experts consider torture.” Jonathan S. Landay, Ali Watkins, and Maris Taylor at McClatchy DC have the story.
State officials are appealing U.S. District Judge John G. Heyburn II’s ruling that Kentucky must recognize same-sex marriages legally performed outside the state. Writing for The Courier-Journal, Tom Loftus and Chris Kenning report on why the Office of the Attorney General is sitting this one out.
The Supreme Court agreed to hear oral argument in a case that challenges the Arkansas Department of Corrections’ no-beard policy for inmates. Ruthann Robson—Faculty Advisor for the CUNY School of Law ACS Student Chapter—reviews Holt v. Hobbs at the Constitutional Law Prof Blog and explores whether the ADC’s policy violates the Religious Land Use and Institutionalized Persons Act.
Yesterday, the Supreme Court expanded whistleblower protections. In Lawson v. FMR LLC, the justices agreed to extend such protections to businesses working for public companies. Writing for Reuters, Lawrence Hurley breaks down the high court’s decision.
Andrew Cohen at The Atlantic examines United States v. Maloney, a case that features a wrongfully convicted man, an intrepid prosecutor and “a result … that is worthy of respect.”
Alex Rich at Above the Law argues why a new meaning of legal work “may define the work of a generation of lawyers.”