Archive for the 'Constitutional law'

Appeals Court Orders Release of Drone Strike Memo

A three-judge panel of the 2nd Circuit Court of Appeals has ruled unanimously that the Obama administration must release portions of the legal memo used to justify the drone strike that killed American citizens Anwar al-Awlaki in Yemen in 2011. The Obama administration has been fighting this tooth and nail, of course. Read more

Did Michigan Just Cause a Constitutional Convention?

Last month the Michigan state legislature approved a resolution calling for a new constitutional convention to rewrite the U.S. Constitution. About 20 other states have recently voted to do so as well, but at least one scholar thinks that number is 34 because of really old votes to do so from decades ago: Read more

Louisiana Refuses to Repeal Unconstitutional Sodomy Law

In 2003, the Supreme Court overturned all state anti-sodomy laws in Lawrence v Texas, making them unenforceable. But the Louisiana state legislature is insisting by a better than 2-1 margin that they keep their law on the books anyway because…well, who the hell knows why. Read more

Utah Withdraws Use of Regnerus Study

On Thursday the 10th Circuit Court of Appeals heard oral arguments in the appeal of a district court decision striking down Utah’s ban on same-sex marriage. In the wake of the Michigan case, they sent a letter to the court distancing itself from Mark Regnerus’ terrible study, which they had used at the trial level. That letter said, in part: Read more

OMG! Democrats Are ‘Demonizing’ the Supreme Court

Most liberals have been highly critical of the Supreme Court’s ruling in the McCutcheon case, as they were with the earlier Citizens United decision. For some reason, that seems to bother Randy Barnett, one of my very favorite constitutional scholars, very much. Read more