Senators Chuck Schumer and Patrick Leahy claimed that newly confirmed Supreme Court Justice Neil Gorsuch was not in the “legal mainstream.” They were referring to the “living Constitution” approach to constitutional interpretation. That interpretative approach, […]
President Donald Trump has nominated Appeals Court Judge Neil Gorsuch to fill the seat of the late Justice Antonin Scalia. Put simply, Gorsuch’s judicial philosophy is to respect the text (textualism) of the Constitution and the […]
Whole Woman’s Health v. Hellerstedt was recently decided 5-3 by the U.S. Supreme Court. It struck down the Texas legislature’s regulations requiring abortion clinics to meet the same standards as any other Texas ambulatory surgical […]
In a highly unusual move, the Supreme Court passed off the case of Zubic v. Burwell like a hot potato. It passed the case to the lower federal appeals courts. The high court, short by […]
When Case Western University law professor Jonathan Adler testified before a House subcommittee on July 31, 2013, he had no idea that his analysis of the Patient Protection and Affordable Care Act (ACA) could bring […]
A month ago, the U.S. Supreme Court refused to hear a collection of cases which raised the question of traditional marriage vs. same-sex unions. Now, a Sixth Circuit Court of Appeals decision may have changed […]
Every year, on the first Monday in October, the U.S. Supreme Court begins a new term. This year it began with a bang. The court refused to hear the largest number of petitions requesting certiorari—all […]
The Supreme Court waited until the last day of its term to issue its highly anticipated opinion in Burwell v. Hobby Lobby Stores and Conestoga Wood Specialties. The narrow 5-4 decision negates the “contraceptive mandate” […]
The Elmbrook School District operates two public high schools in suburban Wisconsin. Finding that its own gymnasiums were cramped, hot, and uncomfortable, and at the request of students, it decided to move joint graduation ceremonies […]
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