For the Balkinization Symposium on Legal Pathways Beyond Dobbs.Courtney Cahill[1]
Some scholars say
that constitutional equality law was built in the shadow of a footnote: “famous
footnote four” from the 1938 Supreme Court decision United States v.
Carolene Products Co. If recent transgender jurisprudence is any indication,
then constitutional sex equality law…
This week on “Supreme Court ER” we have new requests on an erroneous deportation and (I would think) on overruling Humphrey’s Executor. Next week we may see one appealing a TRO blocking tariffs.My observation is that if any of these situations present genuine emergencies, the correct course of action would be for the Court…
For the Balkinization Symposium on Legal Pathways Beyond Dobbs.
Neil S. Siegel
Lacking
theoretical ambition in the current moment, I want to make a point about
methodological inconsistency that will include but extend beyond equal
protection law in the context of sex, sexual orientation, and gender identity.
Last
Term, the U.S. Supreme Court decided…
I have never signed an open letter, for the usual reasons people adopt this policy. But the recent proliferation of law faculty letters made me curious about their history and impact. So, as one does in 2025, I asked ChatGPT for a Deep Research report on this question. The most interesting example it turned up…
For the Balkinization Symposium on Legal Pathways Beyond Dobbs.
Douglas NeJaime
The law too often treats parenthood as simply a biological fact—one that
naturally flows from birth or DNA. Indeed, courts refer to the birth parent or
genetic parent as the “natural” parent. The law
routinely treats biological parents as legal parents, regardless of…
I’m pleased to announce that my next book is now available for pre-order from Oxford University Press. Here is the abstract for The Actual Art of Governing: Justice Robert H. Jackson’s Concurring Opinion in the Steel Seizure Case:Since the adoption of the US constitution, there has been ongoing calibration of the power balance between the…
For the Balkinization Symposium on Legal Pathways Beyond Dobbs.
Laura
Portuondo
The Supreme Court has extended a
broad new vision of equality to religious conservatives that is unavailable to
women, people of color, or LGBTQ+ people. In recent free exercise decisions,
the Court has held that it violates religious equality to “devalue” religious…
Time to repost this one from 6 years ago:Friday, May 31, 2019If the Chamber of Commerce is Listening . . .Gerard N. MaglioccaThere are media reports that the U.S. Chamber of Commerce is considering a lawsuit challenging the President’s proposed tariffs against Mexico. I hope they do so. They have a good chance…
