Category Archives: Supreme Court and Social Reform

Transgender Rights & the 14th Amendment

If you haven’t heard about Virginia teen Gavin Grimm, it’s likely that you will soon. His struggle for rights will be before the Supreme Court in the next few years. Actually, Grimm’s case was supposed to go before the Court … Continue reading

Posted in Constitutional Interpretation, Supreme Court and Social Reform | Tagged , , , | 2 Comments

Will a Gorsuch Filibuster Change the Judiciary?

Democrats in the Senate are debating whether or not to attempt to block the nomination of Neil Gorsuch to the Supreme Court. Such a move would force Mitch McConnell to change Senate rules to make Gorsuch a Justice by making … Continue reading

Posted in Supreme Court and Social Reform, Uncategorized | 3 Comments

Trump at the Supreme Court

How the courts will view President Trump’s executive order on foreign travel has been the hot topic of discussion the past few weeks. Well, we know how the 9th Circuit feels. That court shredded the order in an opinion that was about … Continue reading

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To Sign, or Not to Sign

In Constitutional Faith, Dr. Sanford Levinson poses a question to the reader that asks whether or not the reader would sign the current Constitution of the United States and the United States Constitution of 1787. This question forced me to … Continue reading

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In Defense of Scalia: A Heartless Person with a Point

I do not usually consider the arguments that would insist that a child face her abuser in court. Where I come from we call people who make such arguments (pardon my French), “assholes.” However, in his cold, calculating, yet inappropriately … Continue reading

Posted in Scalia, Supreme Court and Social Reform, Uncategorized | 2 Comments

Scalia Dares You To Come at Him, Bro

We’ve all been reading a lot of crushingly pessimistic stuff this semester. When it comes to solutions, we’ve framed the path to realizing them in two ways: (1) through the legal system (2) through democratic action. But there is a … Continue reading

Posted in Citizenship, Democracy, Factions, Law and Difference, Supreme Court and Social Reform | 4 Comments

Sherbert, Peyote, and Contraceptives: The Right to Free Exercise

Prior to 1990, the standard for Free Exercise claims, known generally as the “compelling interest test” (also known as the Sherbert-Yoder test from the cases that set the precedent), was much more deferent to the religious rights of individuals. This … Continue reading

Posted in Constitutional Interpretation, Rights, Scalia, Supreme Court and Social Reform, Tyranny of the Majority | Tagged , , , | 3 Comments