Equal Protection
Debating the Legacy of Justice John Marshall Harlan
A critical column by Jamelle Bouie prompts an extensive reply from Peter Canellos.
Tennessee Ban on Sexual-Identity-Related Medical Procedures for Minors Is Likely Constitutional,
a Sixth Circuit panel concludes (by a 2-1 vote) in staying an injunction against the law pending appeal.
Sixth Circuit Stays Preliminary Injunction Against Tennessee Law Limiting Gender-Affirming Treatments for Minors
A divided panel concludes the plaintiffs are unlikely to prevail on the merits and pledges to expedite the appeal.
If "Any Government Again Resorts to Racial or Ethnic Classifications to Ration Medical Treatment,"
"there would be a very strong case for prompt review by this Court."
Ron DeSantis Dangerously Blurs the Line Between State and Private Action
Whether the putative target is the "biomedical security state," wokeness, "Big Tech censors," or Chinese Communists, the presidential candidate’s grandstanding poses a clear threat to individual rights.
Florida's Restrictions on Property Purchases by Chinese Citizens Hark Back to a Dark History of Xenophobia
In a federal lawsuit on behalf of legal U.S. residents from China, the ACLU argues that "Florida's New Alien Land Law" is unconstitutional.
En Banc Eleventh Circuit Rejects Legal Challenge to School District's Bathroom Policy
The Appeals Panel Rejects a Trangender Student's Bid to Use Bathroom Corresponding to the Student's Gender Identity Instead of Biological Sex.
City That Forced Landlords To Evict Tenants Suspected of Crimes Will Pay $1 Million To Settle DOJ Lawsuit
Plus: Elon Musk bans Twitter account that tracks his private jet, Iong permit waits to build new apartment buildings in San Francisco, and more...
NYC Was Wrong To Fire Employees for Being Unvaccinated, Court Says
Plus: ACLU in court over law criminalizing school behavior, Twitter losing heavy users, and more...
Bikini Baristas Win Lawsuit Over Unconstitutional Dress Code
Plus: Fiona Apple fights for court transparency, ACLU asks SCOTUS to consider boycott ban, and more...
Sunstein Challenges Originalists on Bolling v. Sharpe (Updated)
If the Supreme Court was correct in Dobbs, was it wrong in Bolling?
Can a State-Funded Charter School Require Female Students to Wear Skirts?
Perhaps the real question is whether such a school is a state actor for purposes of Section 1983. The en banc Fourth Circuit says it is, so that a skirt requirement for girls is unlawful.
Could Congress Prohibit Abortion If Roe Is Overturned? (Updated)
Questions about the scope of federal power will remain.
'Equity,' 'Multiculturalism,' and 'Racial Prejudice' Among Concepts That Could Be Banned in Schools by Wisconsin Bill
A bill touted as banning "critical race theory" in schools would actually ban a huge array of speech around culture, race, and sex, its sponsor says.
Sixth Circuit Enjoins Use of Race and Sex Preferences for Coronavirus Relief Funding
A divided panel grants a preliminary injunction against privileging relief applications based on the race or sex of the applicant.
A Federal Judge in Michigan Says Sidney Powell's Election Fraud Claims Are 'Nothing but Speculation and Conjecture'
According to the ruling, the former Trump attorney also filed the wrong claims in the wrong court at the wrong time on behalf of the wrong plaintiffs.
A Trump Judicial Appointee's Blistering Opinion Is a Reality Check for Republicans Who Still Think Biden Stole the Election
"The Campaign cannot win this lawsuit," the 3rd Circuit says. "The Campaign's claims have no merit."
A Scathing Ruling Against the Trump Campaign Highlights the Gap Between Rudy Giuliani's 'Massive Fraud' Claim and His Legal Arguments
U.S. District Judge Matthew Brann rejected an attempt to block certification of Pennsylvania's election results.
An Overdue Rebuke to Politicians Who Think Anything Goes in a Pandemic
Two courts say COVID-19 lockdowns in Michigan and Pennsylvania were unconstitutional.
S.F. "Basic Income" Program for Pregnant Women—But Women of the Wrong Races Need Not Apply
Only black and Pacific Islander women are eligible -- almost certainly a violation of the Equal Protection Clause.
Massachusetts Abandons Its Puzzling Public Health Distinction Between Casinos and Video Arcades
A week after being sued over his arbitrary COVID-19 policy, Gov. Charlie Baker says he will allow arcades to reopen.
Are Video Arcades More Dangerous Than Casinos During a Pandemic?
A federal lawsuit argues that the distinction drawn by Massachusetts is unconstitutional.
Thoughts on the Supreme Court's Sound, but Very Narrow Ruling on DACA [Updated]
The decision is only a temporary reprieve for DACA recipients, and still permits Trump or a future president to repeal the program if he is willing to pay the political price of doing so.
Not an Equal Protection Violation to Shut Down Political Campaign Headquarters but Not Legislative Offices
More from the Pennsylvania Supreme Court decision, which I've been blogging in parts.
Topless Utah Stepmom Pleads Guilty To Avoid Sex Offender Registry
Prosecutors say Tilli Buchanan "took responsibility for her actions."
Utah Judge Rules Against Topless Stepmom's Equal Protection Challenge
Tilli Buchanan's stepkids saw her topless. Now she could face 10 years on the sex offender registry.
A Utah Woman Faces the Sex Offender Registry for Going Topless in Front of Her Stepkids
Tilli Buchanan and her husband removed their shirts after installing insulation in their garage. Only one of them is facing charges.
Colorado Supreme Court Upholds a Decision That Forced a Teenager to Register As a Sex Offender for Swapping Nude Selfies
That result "may strike some as unfair," the court says, but it's what state law required at the time.
The Time for an All-Male Military Draft 'Has Passed,' Says Federal Judge: Reason Roundup
Plus: Silicon Valley is suspicious of media, Cory Booker calls for weed reform, and how to understand the "upper middle class"
Federal Court Rejects 'For the Children' Ban on Bare-Breasted Women: Reason Roundup
Plus: A judge says Jeffrey Epstein case was mishandled, and Andrea Dworkin is making a comeback.
ACLU Sticks Up for the NRA?!
The civil rights group and the gun rights group don't always get along. But today the ACLU stuck up for the NRA against New York Gov. Andrew Cuomo.