In this article, based on remarks given at the Spring 2016 meeting of the American Philosophical Society in Philadelphia, Professor Laurence H. Tribe considers the Constitution’s Natural Born Citizen Clause. Debate over the meaning of the clause’s explicit language – i.e., whether it means what the words
On Thursday, the Supreme Court decided Fisher v. University of Texas at Austin (Fisher II) for the second time, this time affirming the Fifth Circuit’s decision by a 4-3 vote to uphold the public university’s consideration of race for applicants not admitted through its top
As we approach November, with presidential candidates jockeying for our support, civil rights and civil liberties advocates have reason to be concerned. Last month, Donald Trump suggested a desire to “broaden” the laws to allow torture. After the Brussels attacks, Ted Cruz stated that he
Although rarely recognized, Justice Scalia often safeguarded the Fourth Amendment rights of criminal defendants. He did so in an era where, through our email accounts, the government could learn more about us than if it searched our cars or homes. So how does a court
Voting has long been considered both a civil right and a civic duty. However, that principle has not prevented the disenfranchisement of millions of Americans throughout our history, and this disenfranchisement tends to disproportionately affect minorities. Even after the passage of the 15th Amendment, many
On March 14, 2016, the City of Los Angeles was hit with yet another lawsuit regarding its treatment of homeless residents. The lawsuit, Mitchell v. City of Los Angeles, contends that the city is dealing with its homelessness problem by criminalizing rather than housing its homeless
The Department of Justice recently reminded state chief justices and state court administrators that jailing poor people just because they can’t pay fines is unconstitutional.
In a March 14 Dear Colleague letter, the Civil Rights Division warned states to ensure their local courts reform or refrain
The Honorable Arthur J. Gajarsa, United States Court of Appeals for the Federal Circuit
The Honorable Margaret J. Marshall, Massachusetts Supreme Judicial Court
The Honorable Roy W. McLeese, District of Columbia Court of Appeals
The Rashid Rehman Memorial Team (Appellant)
A procedural issue may allow the Supreme Court to avoid confronting an egregious instance of racism in a death penalty case.
Last November, the Court heard oral arguments in Foster v. Chatman. The question in Foster is whether racial bias motivated prosecutors’ peremptory strikes, violating Batson.
Earlier this month, the Maryland General Assembly expanded voting rights to around 44,000 people with felony convictions, overriding six vetoes by Republican Governor Larry Hogan. The vote means that Maryland will soon join the ranks of thirteen states and the District of Columbia where those with