Momentum welcomes constitutional protection against disability discrimination

Citizenship, Not Scrutiny

In BPJ, the Court gives a win to conservatives but retains a problematic framework for interpreting the Fourteenth Amendment.

Five Reasons Why Obergefell Remains Constitutionally Vulnerable

The Supreme Court’s 2015 decision in Obergefell v. Hodges stands as one of the most egregious examples of judicial activism in modern history. In a single stroke, five unelected lawyers redefined the timeless institution of marriage for the entire nation, bypassing the Constitution, the democratic process, and millennia of human experience rooted in biblical truth and human...

In Gift to Billionaires, Supreme Court Buys Vance’s Argument Against Post-Watergate Campaign Finance Rule

Editor’s Note: While many are celebrating the Supreme Court’s narrow victory preserving birthright citizenship, it is important not to lose sight of the broader picture. This was only one case, and one constitutional protection. The same Court continues to issue decisions that expand corporate power, weaken voting rights, erode protections for workers and immigrants, and []

The Supreme Court Quietly Embraced Clarence Thomas’ Theory of Race. It’s Already a Disaster.

The conservative supermajority’s move to constitutionalize “colorblindness” has sweeping implications in many other areas of the law.

Did Obergefell produce the benefits that advocates predicted?

Some arguments that led to the redefinition of marriage in Obergefell v. Hodges in 2015 seemed to be common-sense, practical arguments. Supporters argued that legal recognition of marriage by same-sex couples would provide greater stability for same-sex couples, encourage marriage over cohabitation, and improve the well-being of sexual minorities. Many Americans found those arguments persuasive, even some of those []