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From the category archives:

Equal Protection

Presentation by Professor Huhn Today At Ohio Northern University Pettit School of Law

April 11, 2012

Professor Huhn will present a program today at 4:00 at Ohio Northern University Pettit School of Law on Same Sex-Marriage and Reality-Based Legal Analysis. The program will summarize the present status of same-sex marriage laws and litigation in the United States, and describe this movement within the larger intellectual and jurisprudential context of Legal Realism [...]

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"Immorality" and Social Change

April 7, 2012

Social conservatives sincerely believe that they are defending "morality" when they condemn practices such as  birth control, women working outside the home, and same-sex marriage. Their view is that these practices are "immoral" because they threaten the fabric of society. They consider people who condone these social transformations to be fostering "immorality." They are mistaken. [...]

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Separation of Powers and the Presumption of Constitutionality: A Response to Justice Kennedy

April 5, 2012

At oral argument in the health care case Justice Anthony Kennedy suggested that the government bears the burden of persuading the Supreme Court that the Affordable Care Act is constitutional. He is precisely wrong. Like all purely economic legislation, the Affordable Care Act is presumed constitutional. This is a fundamental principle of the doctrine of Separation [...]

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2011-2012 Supreme Court Term: Decision in Coleman v. Court of Appeals of Maryland

March 21, 2012

Yesterday the Supreme Court issued its decision in Coleman v. Court of Appeals of Maryland, No. 10-1016.   By a vote of 5-4, the Court ruled that the doctrine of "state sovereign immunity" applied in this case, ending Coleman's lawsuit against the State of Maryland.

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The Gender Gap in National Politics

March 7, 2012

Recent events including the introduction and defeat of the Blunt Amendment in the United States Senate and political commentator Rush Limbaugh's vicious attack on Sandra Fluke in the context of the debate over birth control have highlighted the extent to which the major American political parties have become polarized on gender issues, with women favoring the [...]

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Federal Judge Roger Cebull Should Resign for Racist E-Mail

February 29, 2012

Federal Judge Roger Cebull emailed a disgusting race joke to his friends and then issued a half-hearted apology.  He should resign.

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Same-Sex Marriage: 85,600,000 and Growing

February 24, 2012

More than one-fourth of Americans now live in jurisdictions that recognize same-sex marriage.  Within five years more than half of Americans may live in such jurisdictions.  But there are legal barriers.

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DOMA Struck Down by District Court in Golinski Case

February 23, 2012

In a ruling issued yesterday, Judge Jeffrey S. White of the Northern District for the State of California struck down the federal Defense of Marriage Act as unconstitutional under the Equal Protection Clause.  Judge White did not find that the Constitution requires the states to recognize same-sex marriage.  Instead he simply ruled that the federal government [...]

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2011-2012 Supreme Court Term: Coleman v. Court of Appeals of Maryland, No. 10-1016 (11th Amendment State Sovereign Immunity)

February 20, 2012

This is another of those wacky 11th Amendment cases that the Supreme Court has been entertaining lately.

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2011-2012 Supreme Court Term: Armour v. Indianapolis, Docket No. 11-161

February 19, 2012

One of the constitutional cases that the Supreme Court is currently reviewing is Armour v. Indianapolis, a tax case brought under the Equal Protection Clause. In 2001 the City of Indianapolis assessed Christine Armour and a group of 180 other homeowners a fee of $9,278 to pay for connection to city sewers.  Of this group, [...]

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Department of Justice Will Not Defend Law Prohibiting Military Benefits to Same-Sex Couples

February 18, 2012

Attorney General Eric Holder released a letter to House Speaker John Boehner today informing him that the Department of Justice will not defend the constitutionality of a federal law denying benefits to members of the armed forces who are lawfully married to persons of the same sex.

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Rick Santorum's Call for a "Moral Impact Statement" Is Present in the Prop 8 Case

February 17, 2012

In his book "It Takes a Family" Presidential candidate Rick Santorum advocates preparing "moral impact statements" to evaluate changes in society, analogous to the requirement that there be an "environmental impact statement" before land use changes are undertaken.  I completely agree.

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