All Articles tagged United States Supreme Court

• General
  May 21, 2023 EDT
  “THE TIMOROUS MAY STAY AT HOME”: JUDGE CARDOZO’S PROPHECY IN CONTEMPORARY UNITED STATES SUPREME COURT JURISPRUDENCE
  Benjamin Pomerance

  This Article discusses today’s political and judicial rhetoric focusing on the question of whether the U.S. should be a place where laws command that the timorous may stay at home.

• General
  July 22, 2020 EDT
  JANUS V. AFSCME: THE CANARY IN THE COALMINE OF JUDICIAL EVOLUTION
  Daniel Christian

  Regardless of whether one agrees with the constitutional principle announced in Janus, the process by which it the Court reached its decision should alarm adherents of a sound judicial system.

• General
  January 17, 2020 EDT
  APPLYING THE FIRST AMENDMENT TO THE INTERNAL REVENUE CODE: MINNESOTA VOTERS ALLIANCE AND THE TAX LAW’S REGULATION OF NONPROFIT ORGANIZATIONS’ POLITICAL SPEECH
  Edward A. Zelinsky

  For purposes of applying Minnesota Voters Alliance to the Johnson Amendment, the applicable test should be the standard articulated by Chief Justice Roberts in FEC v. Wisconsin Right to Life.

• General
  January 17, 2020 EDT
  THE KING IN HIS COURT: CHIEF JUSTICE JOHN ROBERTS AT THE CENTER
  Benjamin Pomerance

  This article focuses on the actions of the Chief Justice, the man believed to be the only potential successor to Justice Kennedy as the “swing voter” on this lofty bench.

• General
  February 28, 2019 EDT
  CENTER OF ORDER: CHIEF JUSTICE JOHN ROBERTS AND THE COMING STRUGGLE FOR A RESPECTED SUPREME COURT
  Benjamin Pomerance

  How politically conservative will Justice Kavanaugh will prove to be and how will the rest of the Court react to the newcomer in their midst?

• General
  December 12, 2018 EDT
  PROPHYLACTIC FREE EXERCISE: THE FIRST AMENDMENT AND RELIGION IN A POST-KENNEDY WORLD
  Brendan Beery

  Had Justice Kennedy not been on the Court, the Court would likely have decided more broadly that free exercise trumps any generally applicable obligation under a mere state statute.

• General
  April 15, 2018 EDT
  INSIDE A HOUSE DIVIDED: RECENT ALLIANCES ON THE UNITED STATES SUPREME COURT
  Benjamin Pomerance

  This article reveals the alliances and divisions that formed on the Court during this most recent term.

• General
  June 11, 2017 EDT
  FOREWORD: SHAPING SCOTUS: THE IMPACT OF THE 2016 PRESIDENTIAL ELECTION ON THE FUTURE OF THE SUPREME COURT
  Christopher M. Connors

  Foreword to symposium.

• General
  June 11, 2017 EDT
  JUSTICES DENIED: THE PECULIAR HISTORY OF REJECTED UNITED STATES SUPREME COURT NOMINEES
  Benjamin Pomerance

  The Senate has voted to reject the President’s nominee for the Supreme Court twelve times. This article examines each of these nominees and the factors surrounding their rejections.

• General
  June 11, 2017 EDT
  JUDICIAL CONFIRMATION THROUGH THE LENS OF CONSTITUTIONAL INTERPRETIVE THEORY
  Aimee Brown

  This article looks to the role of theories of constitutional interpretation in the confirmation process.

• General
  June 15, 2016 EDT
  AN ELASTIC AMENDMENT: JUSTICE STEPHEN G. BREYER’S FLUID CONCEPTIONS OF FREEDOM OF SPEECH
  Benjamin Pomerance

  This article attempts to add greater clarity to the ongoing questions about Justice Breyer’s inclinations in the area of freedom of speech.

• General
  April 08, 2016 EDT
  #JOINTHEDISSENT: RUTH BADER GINSBURG AND THE HOBBY LOBBY EFFECT
  Lauren R. Eversley

  This note considers: the jurisprudence of Justice Ruth Bader Ginsburg, the role of the dissenting opinion, and the role of women’s autonomy in their own bodies.

• General
  January 01, 2013 EDT
  EXCEPTIONAL FREEDOM—THE ROBERTS COURT, THE FIRST AMENDMENT, AND THE NEW ABSOLUTISM
  Ronald K.L. Collins

  Foreword that outlines some preliminary ideas regarding that tenet of the Roberts Court‘s jurisprudence and what it may portend for the future of our free speech law.

• General
  January 01, 2013 EDT
  PANEL DISCUSSIONON RECENT U.S. SUPREME COURT FREE SPEECH DECISIONS & THE IMPLICATIONS OF THESE CASES FOR AMERICAN SOCIETY
  Alan B. MorrisonSusan N. HermanRobert M. O'NeilRonald K.L. CollinsRobert D. RichardsAdam Liptak

  Symposium transcript.