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Constitutional Law

Constitutional Law Prof Blog Constitutional Law Prof Blog

News, analysis, and commentary on constitutional law issues in the courts, the administration, Congress, and the states; and commentary and analysis on constitutional law scholarship.
By Steven D. Schwinn, Ruthann Robson, Nareissa L. Smith

Post Frequency: 3.1/day

Last Entry: November 04, 2020 at 10:04:25

Recent Entries: 989

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Debunking Abortion Talking Points

Posted on March 04, 2009



DOMA section 3 Challenge Filed

Posted on March 03, 2009


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D.C. Voting Rights Update

Posted on March 01, 2009







Illinois AG: Special Election for Senate Seat Constitutional

Posted on February 26, 2009
Illinois AG Lisa Madigan issued an opinion yesterday concluding that there's nothing in the U.S. Constitution or the Illinois Constitution to prohibit the Illinois legislature from calling a special election to "fill" the U.S. Senate seat vacated by President Barack...


Al Marri Indicted in Article III Court

Posted on February 26, 2009


Marbury v Madison - more on

Posted on February 25, 2009
Another new book on Marbury v. Madison, The Great Decision: Jefferson, Adams, Marshall, and the Battle for the Supreme Court by Cliff Sloan & David McKean. Here?s a bit from the Kirkus Review: "Former Supreme Court clerk and Slate publisher...


OLC Chief Nominee Johnsen Before the Senate Judiciary Committee

Posted on February 25, 2009
The Senate Judiciary Committee held a hearing today to consider President Obama's nomination of Dawn Johnsen to serve as Assistant Attorney General for the Office of Legal Counsel. (The webcast is here.) As part of the materials in support of...


Toobin on the Voting Rights Act

Posted on February 25, 2009
Jeffrey Toobin writes in The New Yorker that "the current conservative majority has a chance to undo this signal achievement of American democracy," Section 5 of the Voting Rights Act, when the Court considers Northwest Austin Municipal Utility District No...


Happy Birthday Marbury v. Madison

Posted on February 24, 2009
NEWSWEEK has a birthday card of sorts to Marbury v. Madison; it begins:Tuesday, Feb. 24, is the 206th anniversary of Marbury v. Madison, the most important decision the Supreme Court?and perhaps any court?has ever issued. The late chief justice William...


Civil Right to Counsel

Posted on February 24, 2009
Professor Clare Pastore (USC) published an op-ed in the LA Times yesterday arguing for a right to counsel for indigents in eviction proceedings, employment and healthcare disputes, custody proceedings, and other disputes involving basic human needs. Pastore:Every day, Americans without...


McClure on Vermeule at Admin Law Prof Blog

Posted on February 23, 2009
Ted McClure reviewed Adrian Vermeule's Our Schmittian Administrative Law on our sister blog, the Administrative Law Prof Blog; check it out. McClure:What Professor Vermeule examines is where to draw the line, if that is possible, between routine executive action where...


Obama Administration Maintains Course on Habeas at Bagram

Posted on February 23, 2009
The administration on Friday declined Judge Bates's (D.D.C.) invitation to "refine" the Bush administration position on whether the privilege of habeas corpus extends to the U.S. Airbase in Bagram, Afghanistan. I posted most recently on this here. The Bush administration...


Teaching- Call for Proposals for AALS

Posted on February 22, 2009
ConLaw Profs tend to be under-represented in programs on law teaching and academic success - - - here's a chance to get involved. I did a workshop at this year's AALS joint program with academic support and teaching methods (described...


Constitution in Two Worlds - South Africa and US: Saturday Evening Review

Posted on February 22, 2009
Mark Kende, Con Law Prof at Drake University, has a forthcoming book, Constitutional Rights in Two Worlds: South Africa and the United States, due next month, from Cambridge University Press. Kende has posted the Introduction to the book on ssrn,...


Federalist Society Fellowship for Law Grads to enter Legal Academy

Posted on February 22, 2009
The Federalist Society is seeking applicants for Olin/Searle Fellows in Law, 2009-2010, deadline March 16, 2009: The Olin/Searle Fellows in Law program will offer top young legal thinkers the opportunity to spend a year writing and developing their scholarship with...


Hasen on "The Democracy Canon"

Posted on February 22, 2009
Professor Rick Hasen (Loyola/LA and editor of the Election Law Blog) just posted "The Democracy Canon" on ssrn. This is Hasen's latest in a long line of impressive scholarship on election law, and it's every bit as thoughtful, timely, and...


Jefferson Files for Cert., Argues Speech and Debate Protection

Posted on February 20, 2009
William J. Jefferson, the former Louisiana Congressman indicted on 16 counts in his corruption case in the Eastern District of Virginia, asked the Supreme Court this week to reverse a Fourth Circuit decision refusing to dismiss his indictment because it...


Center for Constitutional Rights names LawProf new Legal Director

Posted on February 20, 2009
The Center for Constitutional Rights in a press release today announced that Bill Quigley, Director of the Law Clinic and the Gillis Long Poverty Law Center at Loyola University New Orleans, is the new legal director of CCR:The Center for...


Is Obama Different Than Bush in the War on Terror?

Posted on February 19, 2009
The Obama administration may be following the Bush administration's lead in several key and controversial policies in the war on terror, Charlie Savage reported in yesterday's NYT. Savage:Within days of his inauguration, Mr. Obama thrilled civil liberties groups when he...


Where Have All the Unitary Executives Gone?

Posted on February 19, 2009
The NYT reports today that Republicans are furious over Senator Judd Gregg's withdrawal as President Obama's pick for Commerce Secretary, because they believe it signals that the White House intends to "politicize" the 2010 census. The concern in part relates...


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