Fourteenth Amendment (US Constitution)
The Abortion Decision, Haunted by Brown v. Board of Education
WASHINGTON — In the Supreme Court decision that eliminated the constitutional right to abortion, the justices engaged in an extended debate over the meaning and legacy of Brown v. Board of Education, the 1954 decision that said the Constitution does not permit racial segregation in public schools. The connection between abortion and education may seem […]
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Did the Supreme Court Open the Door to Reviving One of Its Worst Decisions?
The dominance on the court of “originalism,” the doctrine that interprets the constitution and its amendments as they would have been understood at the time they were written, also bodes well for the principles of Lochner. As David Bernstein, a law professor at George Mason University, contends in his 2012 book, “Rehabilitating Lochner,” proponents of […]
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Gorsuch Calls for Overruling ‘Shameful’ Cases on U.S. Territories
WASHINGTON — Justice Neil M. Gorsuch last month issued a 10-page concurring opinion that amounted to a plea. The Supreme Court, he wrote, must find a case in which to overrule a series of discredited decisions issued in the early 1900s that were based on racist assumptions and imperial ambitions. The decisions, known as the […]
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Legal Effort Expands to Disqualify Republicans as ‘Insurrectionists’
The lawyers bringing the new suits believe they have a stronger case to show that the elected officials in question are insurrectionists. In the run-up to Jan. 6, Mr. Gosar and Mr. Biggs repeatedly posted the falsehood that Mr. Trump had won the election. Mr. Gosar organized some of the earliest rallies to “Stop the […]
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