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. Continue Reading Marc Stein: Immigration is a Queer Issue: From Fleuti to Trump
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. Continue Reading Marc Stein: Sotomayor v. Roberts: Race, Affirmative Action, and Impatience
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. Continue Reading Marc Stein: Five Myths about Roe v. Wade
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, he traced gay rights legal… Continue Reading Marc Stein: Justice Kennedy and the Future of Same-Sex Marriage
As the Supreme Court opens its 2010-2011 session today, we welcome a guest post from Marc Stein, author of Sexual Injustice: Supreme Court Decisions from Griswold to Roe. Focusing on six major Supreme Court cases, Sexual Injustice examines the more liberal rulings on birth control, abortion, interracial marriage, and obscenity in Griswold, Fanny Hill, Loving, Eisenstadt, and Roe alongside a… Continue Reading Gay Rights and the Supreme Court: The Early Years
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