The Constitution’s appointments clause provides that the president nominates, but the Senate must confirm, principal “Officers of the United States,” although Congress can also give the president the power to appoint “inferior Officers.” Next week the Supreme Court will hear oral argument on the scope of both this clause and the ancient remedy known as… Read More

Title VII of the Civil Rights Act of 1964 bars employment discrimination “because of … sex.” This morning, in a packed courtroom, the Supreme Court heard oral argument on whether Title VII protects gay, lesbian and transgender employees. Because fewer than half of the 50 states specifically bar discrimination based on sexual orientation or gender… Read More

In 2009, James Kahler shot and killed four members of his family – his two teenaged daughters, his ex-wife and her grandmother – during the weekend after Thanksgiving. Kahler’s young son was at the scene but ran out the back door and was not physically harmed. When Kahler’s case went to trial, an expert testified… Read More

The Supreme Court was already scheduled to take on a range of high-profile and potentially controversial issues in the next few months, including federal protection for LGBT employees, the Trump administration’s decision to end the program known as DACA, and gun rights. This morning the Supreme Court’s new term, which starts next Monday, became even… Read More

Next week the justices will return to the bench for the first time since the end of June. The new term is already full of interesting cases, including the very first one on Monday, October 7: Kahler v. Kansas, in which the Supreme Court will consider whether the Constitution allows a state to abolish the… Read More

For over a century, a criminal defendant in Louisiana (except in capital cases) could be convicted without a unanimous verdict from the jury. In 2018, the state’s voters repealed the non-unanimity rule, leaving Oregon as the only state in the nation that does not require a unanimous verdict. However, the change to Louisiana law only… Read More

For residents of Fort Lee, New Jersey, the first day of school in September 2013 was a memorable one – and not in a good way. The traffic patterns on the George Washington Bridge, which crosses the Hudson River into New York at Fort Lee, had been abruptly altered, so that only one lane (instead… Read More

Two years ago, the Supreme Court ruled that Missouri’s policy of excluding churches from a program to provide grants to resurface playgrounds violated the Constitution. In a footnote in their opinion in Trinity Lutheran Church v. Comer, the justices emphasized that their decision was limited to the facts before them and did “not address religious… Read More

The Supreme Court issued its calendar for the December sitting today. The justices are scheduled to kick off the sitting, which begins on Monday, December 2, with the oral argument in the challenge to New York City’s ban on transporting guns outside the city’s limits. But it’s not clear that the oral argument will actually… Read More

In 2012, the Obama administration established a program known as Deferred Action for Childhood Arrivals (DACA), which allows undocumented young adults who came to the United States as children to apply for protection from deportation. Applicants who meet a variety of criteria – for example, who have graduated from high school or served in the… Read More