Justice Scalia is (in)famous for his view that when the Court struck down Texas’ criminal sodomy statute in Lawrence v. Texas, it undermined bans on “bigamy, same-sex marriage, adult incest, prostitution, masturbation, adultery, fornication, bestiality, and obscenity.” To some, this slippery slope argument is coming
HLS graduate Harvey Silverglate was on campus recently to explain why he's not happy with his alma mater. Apparently Harvard has been killing free speech over the past couple of decades. It's been all downhill since his heroic days defending student protesters in 1967, Silverglate said.
Linda Greenhouse – October 10, 2013
Ms. Greenhouse began by noting that it is an under appreciated aspect of the Supreme Court that the Court gets to decide which cases it wants to decide. There are some cases where the Court is more likely to intervene,
Over the past few months, circuit courts have started weighing in on the Affordable Care Act's requirement that employers' health plans include contraception at no cost to employees, and it's clearly heading for the Supreme Court.
So far, the 3rd Circuit and the 6th Circuit have
Texas’s policy fails to distinguish itself from past Texas schemes rejected by courts, and it fails to pass muster under the Establishment Clause precedent of the Fifth Circuit and the Supreme Court. Perry's personal conduct is even more out of bounds. In his advocacy of
Combating sex trafficking requires new and innovative thinking in today’s internet age. Because of websites like Craigslist and Backpage, it is easier than ever for those who traffic in sex to find clients. While simpler for the perpetrators, it has become increasingly difficult for law
Today’s national Civil Rights dialogue focuses largely on immigration, reproductive issues, and LGBTQ rights. Certainly, each of these issues critically requires our nation’s attention, but they should not be discussed to the exclusion of “old fashioned” racial discrimination. The African-American Civil Rights Movement is the
The less rigorous test proposed by the concurring justices produced a desirable result in this case, but it seems to portend an approach that gives less than full scrutiny to asserted government interest in content-discrimination
Hercules Industries, a Denver company that provides heating and air conditioning equipment recently won a preliminary injunction against the imposition of the preventive care requirement adopted pursuant to the Affordable Care Act. Predictably, conservatives lauded the decision as a victory for religious freedom, because,
In light of the great deference traditionally shown by the Court – and evinced by several Justices in this case – towards the government in military matters, it may well be that the Court overlooks the troubling free-speech consequences of the Act’s overbreadth. In an