Constitutional litigation in America frequently mirrors the shifting moods and conflicts of the nation. Successive generations have developed a habit of bringing great policy issues to the federal courts for resolution, rather than looking only to legislative bodies. The results are not always predictable. In the early years of the New Deal, a stubborn Supreme Court lagged behind the rest of the country. In the historic school desegregation decision of 1954, the Court opened a new chapter in Ameri- can race relations. As often as not, the courts have been a special source of redress for those persons and groups labeled "different" - such as members of racial, political, and religious minorities. If the Constitution was meant to create a representative democracy, it also established unmistakable anti-majoritarian restraints. Thanks to the Bill of Rights, the rights of free speech do not depend on the consent of a political majority. But sometimes, to uphold these individual rights, important competing interests must yield, as when society's interest in effective law enforcement conflicts with the Fourth Amendment's ban on unreasonable searches and seizures. In the 1960s and 1970s, no social trend has been more publicized than changing personal "lifestyles" - new attitudes toward family roles, greater sexual permissiveness, unconventional manners and dress. The war in Vietnam and unrest on American campuses brought in its wake challenges to conventional morals and old ways. High school boys wanted to wear long hair; women sought unrestricted access to abortions; homosexuals talked of "gay rights”.
For the over half-million people currently homeless in the United States, the U.S. Constitution has historically provided little help: it is strongly...
History and precedent tell us that the just compensation requirement has been implemented by a complex network of remedies providing multiple avenues...
It has been a big moment for court reform. President Biden has proposed a slate of important if vaguely defined reforms, including a new ethics regime...
The United States is undergoing a legal realignment, in that salient legal views recently associated with the right are now being espoused by the left...
After a term in which the conservative Roberts court swept aside the Chevron doctrine, a decision that will clip federal agencies’ authority to enact...
At points in American history, there have been significant, even massive shifts in constitutional understandings, doctrines, and practices. Apparently...
On June 27, 2024, the U.S. Supreme Court dismissed a case brought by the federal government regarding whether Idaho’s abortion ban conflicts with a...
Celebrating Charles Ogletree, Jr. comes naturally to so many people because he served not only as a tireless champion of equality and justice, but...
In recent years, several popularly elected leaders have moved to consolidate their power by eroding checks and balances. Courts are commonly the...
Supreme Court opinions involving race and the jury invariably open with the Fourteenth Amendment, the Civil Rights Act of 1875, or landmark cases like...
Does the U.S. Constitution protect the affirmative right to vote? Those focusing on the Constitution’s text say no. Yet, the Supreme Court has treated...
We apply a dynamic influence model to the opinions of the U.S. federal courts to examine the role of the U.S. Supreme Court in influencing the...
In their article, The “Free White Person” Clause of the Naturalization Act of 1790 as Super-Statute, Gabriel J. Chin and Paul Finkelman make a...
The Environmental Law and Community Engagement Clinic at the University of Virginia School of Law filed this amicus brief on behalf of San Bernardino...
The recently enacted Respect for Marriage Act is important bipartisan legislation that will protect same-sex marriage if the Supreme Court overrules...
Who has the legal right to challenge decisions by the U.S. Food and Drug Administration? And should the moral umbrage of a group of anti-abortion...
President Joe Biden promised during his State of the Union address on March 7, 2024, that he would make the right to get an abortion a federal law.
“If...
An upcoming Supreme Court case on Article III standing and disability presents critical questions about the future of litigation that promotes...