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The Supreme Court Cases That Changed Affirmative Action

The Supreme Court Cases That Changed Affirmative Action

Affirmative action has been a contentious issue in the United States, sparking debates about equality, fairness, and the role of race in society. W...
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William J. Brennan Jr.'s Enduring Impact on the Supreme Court

William J. Brennan Jr.'s Enduring Impact on the Supreme Court

Brennan Jr. served as a Justice of the United States Supreme Court from 1956 to 1990, leaving a profound impact on American jurisprudence. Appointe...
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Supreme Court to Rule on Alaska's Plane Forfeiture Case

Supreme Court to Rule on Alaska's Plane Forfeiture Case

The U.S. Supreme Court is set to decide on a case involving the forfeiture of an 82-year-old bush pilot's plane in Alaska. The state attempted to seize the plane after a passenger was found with a six-pack of beer in a dry town. The pilot, Ken Jouppi, has been fighting the forfeiture for 13 years, arguing that the punishment is excessive. The case raises questions about the application of the Eighth Amendment's prohibition on excessive fines.
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Why Affirmative Action Still Shapes U.S. College Admissions

Why Affirmative Action Still Shapes U.S. College Admissions

Affirmative action has played a significant role in shaping the landscape of education in the United States. Designed to promote diversity and addr...
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State Age Verification Laws Face Legal Challenges Across the U.S.

State Age Verification Laws Face Legal Challenges Across the U.S.

State legislatures across the U.S. have enacted laws regulating minors' access to social media, including age verification and parental consent requirements. These laws have faced legal challenges, with trade groups like NetChoice and the Computer & Communications Industry Association suing to block them. While some courts have issued injunctions, appellate courts have been more willing to let the laws stand. The U.S. Supreme Court has yet to weigh in on the broader constitutionality of these laws.
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Justice Department Declares ADA Guidance 'Not Enforceable'

Justice Department Declares ADA Guidance 'Not Enforceable'

The U.S. Department of Justice has announced that its guidance on the Americans with Disabilities Act (ADA) integration mandate and the Olmstead v. L.C. decision is 'not enforceable.' This guidance, which has been used for over a decade to ensure community-based treatment for individuals with mental disabilities, is now under review following a 2024 Supreme Court decision. The Justice Department's notice clarifies that the guidance is not legally binding, despite being treated as authoritative by many courts. This move has raised concerns among disability rights advocates about the potential impact on the rights of people with disabilities.
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CFTC Challenges Michigan Court Order in Kalshi Prediction Market Case

CFTC Challenges Michigan Court Order in Kalshi Prediction Market Case

CFTC Challenges Michigan Court Order in Kalshi Prediction Market Case
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Constitutional Theory: The Role of History and Tradition

Constitutional Theory: The Role of History and Tradition

The concept of 'history and tradition' is gaining prominence in constitutional theory, particularly within the U.S. Supreme Court. This approach emphasizes the importance of historical practices and traditions in constitutional interpretation, as opposed to abstract theories or moral readings. The debate within the Court, notably between Justices Kavanaugh and Barrett, highlights differing views on the role of history in constitutional law. Kavanaugh supports using history as a guide for interpretation, while Barrett distinguishes between originalism and tradition, questioning the independent authority of tradition. This methodological shift suggests a new form of constitutional pluralism that prioritizes backward-looking modalities.
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Third Circuit Court Overturns New Jersey's Assault Weapon Ban, Citing Second Amendment

Third Circuit Court Overturns New Jersey's Assault Weapon Ban, Citing Second Amendment

The U.S. Court of Appeals for the Third Circuit has ruled that New Jersey's bans on semiautomatic rifles and large-capacity magazines are unconstitutional. This decision marks a significant victory for the National Rifle Association (NRA) and follows the text-and-history test established by the Supreme Court in NYSRPA v. Bruen. The court found that both semiautomatic firearms and magazines are protected under the Second Amendment as they are commonly owned and necessary for operating many firearms. The ruling challenges New Jersey's restrictions, which were intended to curb gun violence by limiting access to certain firearms and ammunition capacities.
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US Supreme Court Ruling Alters Agency Authority Precedent

US Supreme Court Ruling Alters Agency Authority Precedent

The US Supreme Court has made a significant ruling in the Loper Bright case, which impacts how courts interpret agency authority under the Administrative Procedure Act. The court decided that courts must exercise independent judgment when determining if an agency has acted within its statutory authority, rather than deferring to an agency's interpretation of ambiguous statutes. This decision overturns the precedent set by the Chevron case, which allowed for such deference. Additionally, the Supreme Court ruled that the president has the power to remove independent agency heads at will, with the exception of Federal Reserve Board members due to their critical role in the US economy.
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Supreme Court's Historical Avoidance of Key Constitutional Provisions

Supreme Court's Historical Avoidance of Key Constitutional Provisions

The Supreme Court has historically avoided addressing certain constitutional provisions, such as the 13th Amendment's exception clause, the guarantee clause of Article IV, and the Third Amendment. These provisions, despite their profound implications, have rarely been the focus of Supreme Court cases. The article explores past cases and decisions where these provisions were involved, highlighting the court's reluctance to engage with them and the broader implications for constitutional interpretation.
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North Dakota Ranchers Challenge Eminent Domain in Supreme Court

North Dakota Ranchers Challenge Eminent Domain in Supreme Court

North Dakota ranchers, led by Leonard Hoffmann, are challenging the use of eminent domain by WBI Energy Transmission, a private company with powers to seize land for public benefit. The ranchers argue that the compensation offered was below market value, violating the Takings Clause of the Fifth Amendment, which requires 'just compensation.' The U.S. Court of Appeals for the 8th Circuit ruled against the ranchers' claim for legal fees, creating a legal split with other circuits. The Supreme Court will now consider the case, which could have implications for property rights and compensation standards.