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October 23, 2014

When the Supreme Court hears a big case on a controversial issue, everyone thinks they know what to expect: a 5-4 decision with Justice Kennedy casting the deciding vote.  But when the Supreme Court announced its decision about the constitutionality of the Affordable Care Act’s individual mandate in National Federation of Independent Business v.

October 23, 2014

As the mid-term elections fast approach, it's not just congressional races that are getting hotly partisan. The proponents of the latest challenge to the Affordable Care Act are racing to the Supreme Court, and playing politics with the law in the process. Michael Carvin, the lead attorney in this round of attacks on the ACA, apparently expects the Supreme Court to play along with him. But he might have trouble convincing the Justices to join his game.

October 6, 2014

This week marks the start of the Supreme Court’s new Term.  While observers are likely to focus their attention on cases this week addressing constitutional protections during traffic stops (Heien v. North Carolina) and the scope of religious freedom under a key federal law (Holt v. Hobbs), the Court will also hear argument in a pair of cases attracting friend-of-the-Court briefs from the U.S.

October 2, 2014

The new Supreme Court Term may not officially start until Monday, but it feels like it’s well underway now with the announcement today of eleven new cases that the Court will be hearing this Term.  And with these eleven grants of review, we see some signs that the tenth Term with John Roberts as Chief might continue a trend that we’ve seen developing over the first nin

October 1, 2014

In the wake of a remarkable string of lower court decisions holding that the Constitution requires marriage equality, states still defending discriminatory marriage laws, and their allies, have radically changed their strategy, de-emphasizing the “responsible procreation” arguments that have fallen flat.   In the cases now awaiting Supreme Court review, the leading argument being pressed