Vol. 139 No. 7 Justice Gorsuch, writing for the majority in Whole Woman’s Health v. Jackson, made two bold immunity claims: that state court judges possess sovereign immunity...
Vol. 139 No. 7 While it is well established that a finding of viewpoint discrimination suffices to hold government regulation of speech unconstitutional in nonschool contexts, the interaction...
Vol. 139 No. 7 The compactness requirement has become a rule without a ruler. To curb gerrymandering, many state and local laws require electoral districts to be compact....
When an employer-sponsored health plan covers mastectomies for cancer but excludes them for gender dysphoria, is that sex discrimination under Title VII? The Eleventh...
Vol. 139 No. 6 Lifetime sex offender registration statutes are common across the states, and several state supreme courts have reached conflicting results in analyzing the constitutionality of...
Vol. 139 No. 5 In SEC v. Jarkesy, the Supreme Court failed to fully clarify the “unquestionably muddy” relationship between Article III and the Seventh Amendment. Yet it...
Vol. 139 No. 5 Drug detection dogs are critical tools in the fight against drug trafficking. However, law enforcement canines are imperfect: They sometimes incorrectly alert when performing...
Vol. 139 No. 5 “[W]here there is a legal right, there is also a legal remedy . . . .” Although Blackstone’s maxim has led to efforts to redress constitutional violations, courts...
Vol. 139 No. 4 State constitutions serve as important sources of individual rights. They often extend broader protections than the Federal Constitution and have, in some instances, included...
Vol. 139 No. 4 The Supreme Court has long declared itself “supreme in the exposition of the law of the Constitution.” But that does not leave the state...
