Tag: Supreme Court
Why Protecting Civil Liberties Would Be ‘Even Harder’ in a Second Trump Term
For the venerable American Civil Liberties Union, Donald Trump’s four years in the White House had the intensity of life during wartime.
The group filed its first lawsuit against the Trump administration on January 28, 2017, just eight days after Trump took office and one day after he promulgated his first attempt at banning the entry into the U.S. of travelers from several Muslim-majority nations.
The pace of the organization’s legal combat against Trump never let up. Ultimately the ACLU
The Real Lessons of the Alabama IVF Ruling
When the Alabama Supreme Court found on February 16 that frozen embryos are protected by the state’s wrongful-death law in the same way that embryos inside a mother’s womb are, it set off one of those depressing and familiar 21st-century political firestorms.
The court had heard a complicated civil case touching on questions about the rights of families undergoing in vitro fertilization and the responsibilities of the fertility industry—questions that have long been neglected, to the great detriment of the
The Supreme Court’s Supreme Betrayal
The Supreme Court of the United States did a grave disservice to both the Constitution and the nation in Trump v. Anderson.
In a stunning disfigurement of the Fourteenth Amendment, the Court impressed upon it an ahistorical misinterpretation that defies both its plain text and its original meaning. Despite disagreement within the Court that led to a 5–4 split among the justices over momentous but tangential issues that it had no need to reach in order to resolve the
The Anti-abortion Movement’s Attack on Wanted Pregnancies
In the nearly two years since the Supreme Court overturned Roe v. Wade, we’ve witnessed the sober consequences of denying abortions to people who desperately want them. Women have been forced to continue pregnancies that have almost killed them, and given birth to children they can’t afford to care for, children conceived by rape, and children they are simply not ready to have. Now we’re seeing the flip side of the anti-abortion movement’s push to give legal rights to
The Fallout of Trump’s Colorado Victory
At about 10 a.m. on Monday, the eve of Super Tuesday, the Supreme Court released its unanimous decision that former President Donald Trump was eligible to appear on the 2024 Colorado election ballot. Shortly after this news broke, Jena Griswold, Colorado’s secretary of state, posted on social media that she was “disappointed” in the Court’s ruling, and that, in her view, the justices were stripping states of their authority to enforce the Fourteenth Amendment of the Constitution. Sitting in
The Supreme Court’s Colorado Opinion Is About Fear, Not Law
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You can’t always get what you want. What Mick Jagger said about life applies with equal, perhaps even greater, force to litigation. Like life, litigation has its ups and downs. It reflects human fears and frailties—because judges, lawyers, and litigants are human. Law is never perfect, and never will be.
And so it is with the United States
One of the Last Abortion Doctors in Indiana
Inside a generic government-office conference room in downtown Indianapolis, Caitlin Bernard sat before six members of Indiana’s Medical Licensing Board, whose cases typically involve complaints against physicians who bilked a patient or drove while drunk. But at this hearing the subject was the intricacies of patient-privacy rules. In the aftermath of the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, a reporter had overheard Bernard tell a fellow-doctor that a ten-year-old girl from Ohio was coming to Indianapolis
What the Colorado Oral Argument Missed
Often the outcome of a Supreme Court case is hard to predict from its oral argument. Not yesterday’s.
The justices’ questions in Trump v. Anderson made clear that the Court will rule—perhaps even unanimously—that no state can decide to disqualify Donald Trump from serving as president unless and until Congress enacts a statute granting that permission. Because Congress hasn’t done so, the Court, in all likelihood, will order Colorado and every other state to let Trump continue his reelection campaign.
An Airtight Ruling Against Trump
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On July 24, 1974, when the Supreme Court issued its decision in United States v. Nixon, ordering President Richard Nixon to produce the Watergate tapes, the president turned to his chief of staff, Alexander Haig, to understand what had just happened. He later recounted the exchange in his memoirs:
“Unanimous?” I guessed.
“Unanimous. There’s no air in it at
What Has Happened to the Rule of Law in India?
On December 11, India’s supreme court upheld ending the constitutional privileges of the Indian-controlled province of Kashmir, a disputed region claimed by both India and Pakistan. The decision was a sobering example of the Indian judiciary’s creeping servility in the era of Prime Minister Narendra Modi. Just as India’s vibrant, secular democracy is transforming into an authoritarian, ethnonationalist state, the supreme court, once vaunted for its fierce independence, is failing to stand up for the rule of law.
The Kashmir