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Constitutional Law

Constitutional Law Prof Blog

News, analysis, and commentary on constitutional law issues in the courts, the administration, Congress, and the states; and commentary and analysis on constitutional law scholarship.
By Steven D. Schwinn, Ruthann Robson, Nareissa L. Smith

Post Frequency: 3.1/day

Last Entry: November 04, 2020 at 10:04:25

Sotomayor Profile in the New Yorker

Posted on January 04, 2010
The New Yorker profile of Sonia Sotomayor proclaims Sotomayor the first "celebrity justice." Nevertheless, most of the reporting in Lauren Collins' article is serious and thoughtful, providing an discussion of Sotomayor's background, nomination, and confirmation, as well as her first...

Rosen on Biskupic on Scalia

Posted on January 03, 2010
Today's Sunday NYT Book Review features a review by Jeffrey Rosen on Joan Bikuspic's new biography of Scalia, American Original: The Life and Constitution of Supreme Court Justice Antonin Scalia. Rosen calls Biskupic's book "impressively balanced and well reported," which...

Judges as Politicians? Politicians as Judges?

Posted on January 01, 2010
Linda Greenhouse has an interesting argument that there should be less opposition between judicial and political roles. In the NYT online she notes that "years ago, it was not uncommon for politicians to become judges," citing Earl Warren, but adding...

Toy Guns Banned in Arkansas Effective Today: Second Amendment Challenge?

Posted on January 01, 2010
Effective January 1, 2010, Arkansas has banned "imitation firearms" or toy guns. The statute, Act 1495, defines an "imitation firearm" as a toy that is identical in appearance to an original firearm that was manufactured,designed, and produced after 1898, including...

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State AGs Lay Out Constitutional Case Against "Cornhusker Kickback"

Posted on December 31, 2009
Thirteen state AGs--all Republicans--sent a letter to House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid setting out their constitutional objections to the provision in the Senate health care reform legislation that exempts Nebraska from paying costs of new...

Restricting Access to Federal Courts, in Three Parts

Posted on December 30, 2009
Two significant developments in the post-9/11 national security cases have resulted in restricted access to the federal courts: The Fourth Circuit's 2007 ruling in El-Masri v. Tenet, expanding the state secrets privilege (and two successive administrations' extraordinary state secrets claims...

CFP: Constitutional Law and Social Justice

Posted on December 30, 2009
From the editors of NYCLR: The New York City Law Review, a publication committed to promoting social justice scholarship, is seeking an additional article for the Spring volume to be published June 2010. Our journal is affiliated with the City...

State AGs Challenge Constitutionality of Nelson's Nebraska Compromise

Posted on December 29, 2009
Senators Lindsay Graham and Jim DeMint last week asked South Carolina State Attorney General Henry McMaster to look into the constitutionality of the provision in the Senate health care overhaul bill exempting Nebraska from proposed new Medicaid costs...

Law Profs File Amicus Brief in Second Circuit FISA Amendments Act Case

Posted on December 29, 2009
A group of law professors last week filed an amicus brief with the Second Circuit in Amnesty Int'l USA v. Blair, the case challenging the FISA Amendments Act of 2008, or the "FAA." The professors argue that petitioners possess Article...

States Fight Health Care Reform (Again)

Posted on December 28, 2009
We posted in September on the growing movement in the states to oppose federal health care reform, writing that Arizona seemed to be leading the way. Now Arizona and a handful of other states are fighting a second round against...

"Pay Czar" Debate

Posted on December 26, 2009
ConLawProf's Stephen Schwinn (pictured below) is participating in an online debate/discussion with Michael W. McConnell and Martin Flaherty as part of one of the Federalist Society online debates. Steve Schwinn has this to say in his opening comments: Let me...

Grading Constitutional Law Exams

Posted on December 25, 2009
Happy grading! Others may say "happy holidays," but for those of us teaching constitutional law or other law school courses - - - especially if we are teaching in large sections - - - it's the time of year when...

Senate Votes on Constitutionality of Health Insurance Mandate

Posted on December 24, 2009
Just before this morning's vote on the health reform package, the Senate voted 39-60 against a point of order raised by Senator Ensign that the health insurance mandate exceeds congressional authority under Article I, Section 8, and violates the Fifth...

Times: Undo Iqbal, Restore Access

Posted on December 23, 2009
The New York Times yesterday ran an editorial urging Congress to overturn Ashcroft v. Iqbal, the case that came down last spring and effectively heightened the pleading standard for plaintiffs in federal court. (Thanks to Con Law Prof Blog editor...

Update: Pregancy Policy for Army, Comments by Major General Cucolo

Posted on December 22, 2009
The "anti-pregnancy" policy announced by Major General Cucolo (pictured) previously discussed here, has caused quite a stir. A Department Defense briefing, December 22, 2009, available from the Federal News Service (and on Lexis), is headlined: Defense Department Conference Call With...

DHS Extends REAL ID Compliance Deadline, Advocates Reforms

Posted on December 22, 2009
Department of Homeland Security Secretary Janet Napolitano last week extended the December 31 deadline for states to materially comply with the REAL ID Act. The Secretary left in place, however, the May 10, 2011, deadline for full compliance with the...

Don't Ask, Don't Get Pregnant?: Military Policy for Iraq Bans Pregnancy or Impregnanting

Posted on December 21, 2009
Stars and Stripes, The Independent News Source for the U.S. Military Community, is reporting that a policy which went into effect in early November, and just reported, restricts the reproductive rights of military and civilian personnel: The rule governs all...

Obama Administration says Ninth Circuit Judge's Administrative Opinion not "Binding"

Posted on December 19, 2009
In a statement issued by Elaine Kaplan (pictured) OPM counsel and "open lesbian," the OPM and the Obama Administration refuse to comply with Ninth Circuit Judge Kozinski's order granting spousal benefits to lesbian federal employee's same-sex partner, previously discussed here...

Holiday Gift for the Con Law Prof in Your Life

Posted on December 18, 2009
If you're in search of the perfect holiday gift for the Con Law Prof in your life, consider the Visual History of the Supreme Court of the United States, published by Timeplots. The History includes an amazing amount of information...

Pentagon Announces Policy to Assist with Voter Registration

Posted on December 18, 2009
The Defense Department this week announced a new policy to ask all military personnel if they want to register to vote when they relocate to a new base. The New York Times reports here. The initiative is designed to address...

Federalist Society Debates "Pay Czar," PCAOB

Posted on December 17, 2009
The Federalist Society is hosting two debates in their on-line debate series, one on the constitutionality of the "pay czar," the other on the constitutionality of the Public Company Accounting Oversight Board. (I posted on the "pay czar" most recently...

Uighurs File Brief at Supreme Court

Posted on December 15, 2009
The petitioners in Kiyemba v. Obama, the Chinese Muslims still detained at Guantanamo Bay, filed their merits brief at the Supreme Court last week in their case challenging the government's authority to continue to detain them. Recall that the Uighurs...

Staszewski on Statutory Interpretation and Separation of Powers

Posted on December 14, 2009
Glen Staszewski (Mich. St.) just published his thoughtful article on statutory interpretation and separation of powers, Textualism and the Executive Branch,on SSRN. The piece is part of an impressive symposium that Staszewski organized at MSU on administrative statutory interpretation, including...

A Constitutional Play at the AALS

Posted on December 14, 2009
Actor, playwright, and Con Law Prof Paul Baier (LSU) is previewing his new play, "Father Chief Justice": Edward Douglass White and the Constitution at the Louisiana Supreme Court on January 6, 2009--during the AALS Annual Meeting. More on the play...

Abigail Adams Biography: (Winter) Break Reading?

Posted on December 12, 2009
It is exam season for those of us in academia, whether we are in the northern hemisphere or southern. A motivational carrot for me is listing books I'll read when the grading is finished. So, this review from NYT makes...

Tweet that Case

Posted on December 11, 2009
CALI has a new project using twitter: name that case. It's a nice diversion during this time of study and grading, when small interruptions can be refreshing. And full disclosure: I've been working on a few myself in conjunction with...

ACORN DEFUNDING IS A BILL OF ATTAINDER: Court Enjoins the Continuining Appropriations Resolution Barring Funding of ACORN

Posted on December 11, 2009
Finding that the Constitution, art I, Section 9, prohibiting a "Bill of Attainder," does not allow "Congress to declare that a single, named organization is barred from all federal funding in the absence of a trial," District Judge Nina Gershon,...

Court Rules Alvarez v. Smith Moot

Posted on December 09, 2009
The Supreme Court yesterday ruled that the plaintiffs' procedural due process claim in Alvarez v. Smith was moot, after the parties resolved their property disputes during the course of the litigation. The case involved the Illinois Drug Asset Forfeiture Procedure...

Oral Arguments in Free Enterprise Fund

Posted on December 08, 2009
The Supreme Court heard oral arguments Monday in Free Enterprise Fund v. PCAOB, the case the testing the constitutionality of the Public Company Accounting Oversight Board, a regulatory board created by the Sarbanes Oxley Act within the Securities and Exchange...

Gans and Kendall on Corporate Rights in the Constitution

Posted on December 07, 2009
David Gans and Douglas Kendall of the Constitutional Accountability Center have produced yet another excellent study in the text and history of the Constitution, this time arguing against corporate personhood in a Discussion Draft titled "A Capitalist Joker": Corporations, Corporate...

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