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From the category archives:

Constitutional Law

Federal Judge Declares DOMA Unconstitutional

November 20, 2009

     Judge Stephen Reinhardt of the Ninth Circuit Court of Appeals has found a key provision of the Defense of Marriage Act unconstitutional. 

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President Obama Responds to Yoani Sanchez, Cuban Blogger

November 19, 2009

     Yoani Sanchez, a courageous Cuban blogger, reports in the Huffington Post that President Obama responded to seven questions that she had posed to him.   More below.

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2009-2010 Supreme Court Term: (2) Court Refuses to Hear "Washington Redskins" Trademark Case

November 16, 2009

     Earlier today the Supreme Court announced that it would not hear the case that had been brought against the owners of the Washington Redskins football team challenging their use of the name "Redskins" as a trademark.  The issue in the case was not the First Amendment or even the substance of Trademark Law; instead, [...]

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9/11 Plotters to Face Death Penalty in New York Federal Court

November 14, 2009

     Attorney General Eric Holder has decided to try five prisoners in the war on terror, including Khalid Sheikh Mohammed, on criminal charges in New York for the attacks of September 11.  They will face the death penalty.

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Abortion Analogies

November 9, 2009

     The enactment of the Stupak Amendment as part of the health care bill reawakens the debate over abortion.  Both sides invoke arguments by analogy in support of their positions on abortion and abortion funding.  I find a third analogy to be more fitting – one that supports the Supreme Court's position that while abortion [...]

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Health Care Financing Reform: (62) The Stupak Amendment

November 8, 2009

     This posting contains a description of the Stupak Amendment restricting the use of federal funds to pay for abortions and links to articles and sites discussing the amendment.

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Supreme Court 2009-2010 Term: (1) Salazar v. Buono – Cross on Public Land

October 26, 2009

     On October 7 the Supreme Court heard oral argument in the case of Salazar v. Buono, which involves the constitutionality of a cross that had been erected on public land.  More below.

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Matthew Shephard Hate Crimes Prevention Act Enacted by Congress – Some Constitutional Considerations

October 23, 2009

     Yesterday Congress enacted the Matthew Shepard Hate Crimes Prevention Act as part of the National Defense Reauthorization Act for 2010.  This law makes it a federal offense to assault people because of their race, color, religion, national origin, gender, sexual orientation, gender identity or disability.  However, because of constitutional considerations, crimes based on the [...]

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Obama Administration Discourages Prosecution in "Medical Marijuana" Cases

October 19, 2009

     The AP is reporting that the Justice Department is sending guidelines to federal prosecutors today advising them not to prosecute the sale of marijuana where such sales are in compliance with state laws.  This news has interesting implications under the Constitution.

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Louisiana Justice of the Peace Violates the Constitution – and His Reasoning Strikes a Familiar Chord

October 18, 2009

     This much is obvious.  Keith Bardwell, an elected Justice of the Peace in Louisiana, violated the Constitution when he refused to marry an interracial couple.  People have not paid too much attention to the reason that he refuses to marry people of different races.  That reasoning is instructive.

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Response to a Question about the Commerce Clause

October 17, 2009

     Yesterday Dave, a frequent commenter, in response to a column by my colleague Lynn Lenart, challenged the constitutionality of the Environmental Protection Act.  Specifically, he argued that Congress lacks the authority under the Commerce Clause of the Constitution to regulate air and water pollution that occurs entirely within the state of Ohio.  I disagree.

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The Constitutionality of Obama's "Czars"

October 7, 2009

     Joe Markman of the Los Angeles Times reports today that five constitutional experts appeared yesterday before the Constitution subcommittee of the Senate Judiciary Committee and expressed their opinions regarding the constitutionality of President Obama's "czars" – officials who advise the President and coordinate policy among different agencies and departments of the federal government.  The [...]

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