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From the category archives:

Wilson Huhn

Citizens United v. F.E.C. (Part 2): The History of the Constitutionality of Campaign Finance Laws

February 8, 2010

     Until its recent decision in Citizens United v. F.E.C. (2010), the Supreme Court has consistently upheld laws restricting the flow of money to candidates in political campaigns. 

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2009-2010 Supreme Court Term: (6) Citizens United v. F.E.C.

January 21, 2010

    The Supreme Court today handed down its decision in Citizens United v. Federal Election Commission.  In this case the Supreme Court overrules longstanding precedent and gives corporations the right to spend unlimited amounts of money on campaign advertisements.  Here is a link to the decision on the Cornell website.  The Supreme Court site seems to be [...]

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2009-2010 Supreme Court Term: (5) United States v. Stevens (Part 1) – A Facial First Amendment Attack on a Federal Statute

January 19, 2010

     This term in the case of United States v. Stevens the Supreme Court will decide whether or not Congress has the power to enact a law prohibiting the production and sale of commercial videos depicting cruelty to animals.  The case presents a number of difficult problems under the First Amendment.  One of the issues [...]

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United States v. Stevens: (Part 2) Oral Argument

January 19, 2010

      United States v. Stevens, the animal cruelty video case, was argued before the Supreme Court on October 6.  The transcript makes for a fascinating read, both from a forensic as well as a substantive perspective.

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In Remembrance of Dr. Martin Luther King, Jr.

January 18, 2010

     Here are some extended quotes from Dr. King's "Letter from a Birmingham Jail," links to several other of Dr. King's greatest speeches, and a link to President Barack Obama's speech yesterday in remembrance of Dr. King.

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Prop 8 Trial (Part 3): Briefs and Updates

January 15, 2010

     Here are some useful links to keep you up to date on the Prop 8 trial.

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Prop 8 Trial: (2) Supreme Court Bars Cameras from Courtroom

January 13, 2010

     By a vote of 5-4 along the usual ideological lines, the Supreme Court today overturned the order of the trial judge that would have allowed the Prop 8 trial to be broadcast.

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The Prop 8 Trial – Introduction

January 13, 2010

     Here are some links to information about the Prop 8 trial, and some analysis to put the trial in perspective.

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Net Neutrality – Where It Stands in Court and in Congress

January 12, 2010

     "Net neutrality" is the rule that internet service providers should not be permitted to promote their own information services by blocking or slowing down the transmission of information from other sources – it is the principle that information should be available to all users on an equal basis.  Here is a summary of where [...]

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Health Care Financing Reform: (103) The New CMS Report on the Senate Bill Describes Who Will Be Covered and Who Will Not, and States That Prevention and Wellness Programs Won't Reduce Costs

January 11, 2010

     The Centers for Medicare and Medicaid Services has issued another report estimating the financial and coverage effects of the health care reform bill as adopted by the Senate on December 24, 2009.  The good news is that CMS believes that the Senate bill will expand health insurance coverage to 34 million more people.  The [...]

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Christian Legal Society v. Martinez (Part 6): Does a Religious Organization Have Greater Constitutional Rights to Discriminate than Other Groups?

January 9, 2010

     In this final installment on this pending case I discuss whether or not a religious organization like CLS has a constitutional right to discriminate that is superior to the rights that other advocacy groups might have.

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Christian Legal Society v. Martinez (Part 5): The Free Exercise Claim

January 8, 2010

     We have seen in the two previous posts that CLS faces an uphill battle against Hastings Law School in its First Amendment claims based on "expressive association" and "equal access to a public forum."  Under existing doctrine, it will be equally difficult for CLS to win with yet another First Amendment claim under the [...]

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