Monthly Archives: June 2015

SCOTUS Invites Death Row to BYOE (Bring Your Own Executioner)

By Charles McGonigal The death penalty is the government’s deepest moral quagmire. An execution is irrevocable and heavily resembles the crimes that it punishes. To make peace with this decision, society deploys resources to try to avoid executing innocents (due process, defense counsel, mandatory appeals) and to distinguish it from homicide. One of the most…

Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project: A fair housing victory also vindicates the right way to interpret Civil Rights law

By Francesca Procaccini In a seismic, albeit relatively foreseeable, week at the Supreme Court—one in which love and equal justice triumphed over antiquated beliefs and modes of interpreting the Constitution, in which President Obama’s landmark health care bill again repelled attack, in which rights of criminal defendants were safeguarded and the viability of solitary confinement…

Gay rights wins small, not big, at the Supreme Court

By Tom Watts* Today, on the anniversary of Lawrence v. Texas and United States v. Windsor, the Supreme Court declared in Obergefell v. Hodges that states that deny legal recognition to same-sex couples are violating the Constitution. Marriage equality is the law of the land. This is a victory for the gay rights movement, which…

King v. Burwell: Following the Law

By Professor Erwin Chemerinsky* If not for the deep ideological divisions surrounding the Affordable Care Act, there would be no doubt that those who purchase insurance on exchanges created by the federal government should receive tax credits.   In King v. Burwell, Chief Justice Roberts and Justice Kennedy transcended the partisanship surrounding the law and joined…

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