The 2020 Ministerial Exception Cases: A Clarification, Not a Revolution
Morrissey-Berru is a reassuring nod toward the continuity of a principle long rooted in the American tradition of church-state separation.
June Medical Services v. Russo: A Temporary Victory for Reproductive Rights
Stare decisis, it seems, is in the eye of the beholder.
Seila Law v. Consumer Financial Protection Bureau: Score One for The Unitary Executive Theory
This is not an argument that a presidential firing is necessarily the only way for this issue to be decided, but only that there was no reason to reach out to decide a constitutional issue when the parties did not disagree and when principles of constitutional avoidance pushed in the opposite direction.
Espinoza: Roberts v. Thomas on the Future of Religious Liberty Jurisprudence
Many conservative commentators have agreed with Secretary of Education Betsy DeVos, who called the decision “a historic victory.” It was a victory for those who would like government to support religious education, but it was not nearly as historic as it could have been.
United States Patent and Trademark Office v. Booking.com B.V.: How Do We Know When Something Is a Name?
The Court’s opinion isn’t as straightforward as it purports to be.
Regents of Univ. of Calif.: Trump Administration Held Accountable by the APA but a Missed Opportunity for the Constitution
With this case, the Court’s discomfort with directly confronting race and racial animus was on full display.
Bostock, Zarda, and R.G & G.R. Harris Funeral Homes: Affirming Equality and Challenging Textualism
If the Justices cannot agree on the meaning of “because of sex” in a statute enacted or amended in their lifetimes, then it is difficult to conclude that textualism can resolve legal disputes.
U.S. Forest Service v. Cowpasture River Preservation Association: A Limited—and Perhaps Hollow—Victory for a Pipeline
The Supreme Court took up a brainteaser of statutory construction involving the jurisdictional boundaries between the U.S. Forest Service and the National Park Service.
Sloshing Through the Factbound Morass of Reasonableness: Predictive Algorithms, Racialized Policing, and Fourth Amendment Use of Force
Namrata Kakade 88 Geo. Wash. L. Rev. 788 The Supreme Court developed the Fourth Amendment doctrine of reasonableness during a time before big data technology had lent itself to powerful algorithms that police could use to predict the likelihood of criminal activity. Now, police are able to use presumably “objective” algorithms that assign individuals dangerousness... Read More
The Dark Horse of the Endangered Species Act: How Section 7(a)(1) Can Be Used to Mitigate Climate Change
Meredith Hou 88 Geo. Wash. L. Rev. 753 The Endangered Species Act (“ESA”) has been a powerful tool for conserving both national and global biodiversity. As human society continues to evolve, however, so too does its impact on endangered species. Most troublesome is mankind’s contribution to climate change since the Industrial Revolution. As extreme weather... Read More