Tag Archives: law review
Obligations of States in Respect of Climate Change
There was a small glimmer of good news on climate change last week: The International Court of Justice ruled that nation states have legal obligations under climate treaties and customary international law to protect “the climate system and other parts of the environment from anthropogenic greenhouse gas emissions.” Continue reading
Trump v. United States: SCOTUS Rewards Trump, Betrays America
The US Supreme Court’s opinion in Trump v. United States, the Trump immunity case, is a betrayal of bedrock principles on which this country was founded. It elevates the President above the law, giving him broad immunity from criminal prosecution. It has terrifying implications for the future of American democracy. Continue reading
Held v. Montana: A Landmark Climate Victory
This is worth celebrating. Yesterday in a Montana district court, 16 youths, aged 5 – 22, won a lawsuit against the State of Montana for violating their right to a “clean and healthful environment” under the state constitution. This trial … Continue reading
Biden v. Nebraska: Black-Robed Oligarchs
In response to the COVID-19 pandemic, the Biden Administration announced a plan to cancel up to $10,000 of student loan debt for about 43 million borrowers. Six States sued the federal government claiming that the loan cancellation plan was not … Continue reading
Students for Fair Admissions Inc. v. President and Fellows of Harvard College: Colorblind or Just Blind?
From the very beginning, affirmative action – using race as a factor in university admissions – has been controversial. Some say it’s unfair, that it amounts to reverse discrimination. Some have argued that it violates the Equal Protection Clause of … Continue reading
Moore v. Harper: A Win for Sanity and Democracy
Holy crap! A sensible decision from the United States Supreme Court on election law. On June 27, in a case from North Carolina known as Moore v. Harper, the Supreme Court ruled that state legislatures do not have unlimited power … Continue reading
Dobbs v. Jackson Women’s Health Organization: A Giant Leap Backwards
Something is missing from the US Supreme Court’s 6-3 decision in Dobbs v. Jackson Women’s Health Organization in which the Court struck down the constitutional right to abortion first recognized nearly 50 years ago in Roe v. Wade. Women. Reading … Continue reading
Brnovich v. Democratic National Committee: US Supreme Court continues its attack on voting rights
In this post I’m taking a break from book reviews and making one of my occasional forays into reviewing decisions by the US Supreme Court. (Disclaimer: I’m not a lawyer and I don’t have any formal legal training. The opinions … Continue reading
Gorsuch Surprises, Alito Spews, Scalia Haunts in Bostock v. Clayton County
On Monday, June 15, 2020, the United States Supreme Court ruled in a 6-3 decision that the Civil Rights Act of 1964 protects homosexual and transgender individuals from job discrimination. This decision has been hailed as a major victory for … Continue reading
Fast Train to Mordor: Trump v. Hawaii
Reading through the Supreme Court’s decision in Trump v. Hawaii – the Muslim travel ban case – is like drifting off to sleep on an ordinary commuter train headed for home and then being jolted awake when it shudders to … Continue reading
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