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The Latest Breaking News from John Marshall Harlan

Congratulations to Randy Barnett and Josh Blackman, Whose Work Was Cited by Justice Thomas's Dissent in Trump v. Barbara

The dissent cited Randy's Trump Is Right on Birthright Citizenship and an annotated transcript of John Marshall Harlan's 1897-98 Lectures on… The post Congratulations to Randy Barnett and Josh Blackman, Whose Work Was Cited by Justice Thomas's Dissent in Trump v. Barbara appeared first on Reason.com.

Reason

The Supreme Court For The First Time Refers To Our "Colorblind Constitution"

130 years later, Justice Harlan's Plessy dissent is now the "supreme law of the land."

Reason

Justice John Marshall Harlan and Birth Tourism

Justice Harlan provides a middle ground for the Supreme Court on the question of birthright citizenship.

Reason

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The conservative supreme court justices behind the dismantling of the Voting Rights Act

Latest ruling is culmination of Justices Roberts and Alito’s campaign to slowly but surely strangle efforts to protect democratic rights of Black and other minority Americans

The Guardian - US

Justice John Marshall Harlan's Lecture Notes On Wong Kim Ark

An excerpt from my 2013 co-authored article on Harlan's constitutional law lectures.

Reason

Justice Harlan's Lectures Gets A Shout-Out In Birthright Citizenship Case

Justice Gorsuch twice referenced Justice Harlan's constitutional law lecture on Wong Kim Ark.

Reason

Upholding a Vaccine Mandate, the 9th Circuit Embraces an Alarmingly Broad Definition of 'Public Health'

The appeals court held that the government may require COVID-19 shots based purely on the benefits to recipients.

Reason

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Jurisprudence on the Adjournment Power, Old and New

Last month, Washington was in a tizzy about whether President Trump could use the adjournment power as a means to… The post Jurisprudence on the Adjournment Power, Old and New appeared first on Reason.com.

Reason

Frederick Douglass Praises the "Courage" Of Justice John Marshall Harlan

“In these easy going days [Harlan] should find himself possessed of the courage to resist the temptation to go with the multitude”

Reason

9 justices, many opinions: How the Supreme Court tells lawyers, judges and the public about its decisions and disagreements

When the U.S. Supreme Court issues opinions, you may hear that the nine justices reached a 6-3 or a 5-4 decision. You may also hear that certain justices wrote a concurrence or that there were multiple dissents.

The Conversation

Martin Luther King's Lofty Dream Turns 60

Is our country getting closer to living out the true meaning of its creed, "All men are created equal"?

Reason

Debating the Legacy of Justice John Marshall Harlan

A critical column by Jamelle Bouie prompts an extensive reply from Peter Canellos.

Reason

Supreme Court has a long history of protecting Americans’ rights. Not any more.

The recent regressive Supreme Court rulings represent an astonishing rejection of the principles of racial and economic justice that guided the court for more than 60 years.

Chicago Sun-Times

Conservative justices may end affirmative action in college admissions — and beyond

WASHINGTON — Following last term's overturning of Roe v. Wade and an expansion of gun rights, the Supreme Court's conservatives are moving now to sharply limit or strike down affirmative action at colleges and universities.

Los Angeles Times

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Tribune News Service

Commentary: Conservatives twist language in racial gerrymandering case

Recently, the Wall Street Journal, never shy about twisting language to maintain a status quo that serves its core audience at the expense of less wealthy or powerful Americans, ran an editorial taking new Supreme Court Justice Ketanji Brown Jackson to task. Her offense? Jackson had the temerity to object…

Salon

Supreme Court: "Political" since forever

Politics is nothing new in the supposedly august Supreme Court — and it's often been the worst possible kind

Los Angeles Times

Commentary: Why Biden should look beyond the judiciary for his Supreme Court nominee

When Earl Warren became chief justice of the Supreme Court in 1953, only one of the nine justices had served as a judge before joining the court. After the landmark court ruling the next year that ended segregation, court detractors masked their resentment of Brown v. Board of Education with…

Reason

9th Circuit Panel Says Pandemic-Inspired Shutdowns of Gun Stores Were Unconstitutional

Judge Lawrence VanDyke included a satirical opinion that his colleagues can use when they decide otherwise.

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