In Trump v. Washington, the Ninth Circuit panel has used a decision in a “gay rights” case as a precedent for a decision in a “Muslim rights” one.
When I teach students about the history of constitutional law, I usually focus on the substantive legal arguments in Supreme Court decisions, but sometimes I encourage my students to focus on the tone, the emotion, the affect. I try to show my students that this can help us understand what is really going on in these decisions and it can help us consider the underlying issues and the political stakes.
On 22 January 1973, the U.S. Supreme Court announced its decision in Roe v. Wade, the abortion rights case that culminated in one of the most controversial legal rulings in the country’s history. Forty years later, numerous myths continue to circulate about the contents and meanings of Roe. Here are five of the most significant.
We welcome a guest post from Marc Stein, author of Sexual Injustice: Supreme Court Decisions from Griswold to Roe. Beyond examining liberal rulings that deal with birth control, abortion, interracial marriage, and obscenity, Sexual Injustice also offers an in-depth account of the profoundly conservative ruling on homosexuality in Boutilier. In a guest post last month, …