Category Archives: Supreme Court Issues

Another Federal Appeals Court Casts A Cold Eye On DOMA

The second circuit Court of Appeals ruled today that section three of the Defense of Marriage Act (“DOMA”), which says that the Federal government will not recognize any same-sex marriage regardless of state law, “violates equal protection” and is therefore … Continue reading

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Smart People Saying Smart Things About The Abigail Fisher Affirmative Action Case

Today, the Supreme Court heard oral arguments in Fisher v University of Texas (pdf link). Although a surprise decision is always possible, it appears likely that the conservative majority will use this case to ban race-based affirmative action in college … Continue reading

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Supreme Court Upholds Affordable Care Act

Still not much time for posting, but I do want to point out that — much to my surprise — the Supreme Court has upheld the Affordable Care Act, with Roberts voting with the four relatively liberal Justices, and Kennedy … Continue reading

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Obamacare discussion thread

I feel kind of bad that I haven’t posted anything about the ongoing Supreme Court trial. Judging from today’s oral arguments, it’s going to be a 5/4 decision, but which way it goes depends on Justice Kennedy. Most folks seem … Continue reading

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Supreme Court, In A 4-4 Vote, Affirms Sexist Discrimination Against Fathers

[Crossposted at Family Scholars Blog.] I wrote about Flores-Villar v. United States last year. The Times summarizes the state of the law in 1974, when Ruben Flores-Villar was born: Children born outside the country to an unmarried American parent are … Continue reading

Posted in crossposted on TADA, Feminism, sexism, etc, Immigration, Migrant Rights, etc, Sexism hurts men, Supreme Court Issues | Comments Off  

The Individual Mandate And The Constitution

In this week’s open threads — mostly this one, also a bit here — there’s been quite a bit of discussion of the Constitutionality of the individual mandate provision of the Affordable Care Act. There are two senses in which … Continue reading

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Law In Flores-Villar Case Was Amended In 1986, But It's Still Sexist

(Crossposted) I previously wrote about Flores-Viller v. US, a case involving an unequal immigration law which discriminates against fathers. I just found out that the law was changed to be less onerous back in 1986. That’s a good thing. It … Continue reading

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Supreme Court To Hear Discrimination Against Fathers Case

(Crossposted at Family Scholars Blog, TADA and Alas.) The Supreme Court will hear oral arguments in Flores-Villar v. United States on November 10th. The case involves Ruben Flores-Villar, whose father — but not mother — is an American. Ruben was … Continue reading

Posted in crossposted on TADA, Feminism, sexism, etc, Immigration, Migrant Rights, etc, Men and masculinity, Sexism hurts men, Supreme Court Issues | Comments Off  

Democratic deference, not Republican resistance, is source of student sorrow

The normally-excellent Dahlia Lithwick, writing about sad liberal law students: One of the most notable things about these events is the extent to which progressive students, faced with a Supreme Court vacancy, a Democratic president, and a Democratic Congress, are … Continue reading

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Yes, Health Care Is Constitutional.

In an open thread, Ron and Rob discuss the prospect of a Constitutional challenge to health care reform, and in particular to the individual mandate: Ron: Anybody have any idea how this might turn out? I’m trying to think of … Continue reading

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