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Articles & Commentary

November 18, 2015

This blow-out record has emboldened business advocates to shoot for the moon, throwing precedent and caution aside. In recent years, and specifically in the cases the Court is now mulling, the Chamber and its allies have worked toward carving out what amounts to a law-free zone, effectively immunizing corporations from private lawsuits when they violate virtually any law, state or federal, enacted to protect consumers, employees, minorities, women, retirees, small investors, or small business suppliers. 

October 21, 2015

The administration’s action was unquestionably lawful, but the families that should be benefitting from the president’s action are still waiting for answers from the nation’s legal system.  It’s time for the Fifth Circuit to rule.  These families may not get the answers they want from that court, but they should get it from the nation’s highest court.

October 10, 2015

As we mark the end of Roberts’ first decade and look ahead to the start of his second, one thing seems clear: there will always remain some cases in which it will be easy to predict the chief justice’s vote, but there will also be some in which no one should count him out. That combination of rulings is unlikely to win Roberts many friends with partisans on either side of the aisle. But that’s probably fine with this chief justice. And it’s certainly good for the Supreme Court. 

October 5, 2015

As Chief Justice John Roberts celebrates ten years at the helm of our Nation’s High Court, there’s little question that the Roberts Court’s five-to-four ruling in Citizens United v.

September 21, 2015

Numerous federal laws protect the rights and pocketbooks of individual Americans as we go about our daily lives. When a corporation violates one of these laws, the harm to a single person may be relatively small, but the aggregate financial windfall to the corporation may be quite large, as my own case shows. Without the benefit of class actions, it would be difficult, if not impossible, for individual Americans to vindicate many of our rights and bring an end to corporate wrongdoing.

September 18, 2015

Two decades ago, the Nation came together to celebrate the bicentennial of the 1787 Constitution.  As the Second Founding turns 150, we should all work to ensure that it receives a celebration that’s worthy of the constitutional achievements of President Lincoln and his generation.

September 18, 2015

When one looks at Roberts's overall record, it's clear that while John Roberts may not be the most conservative Justice on the current Court, he's nonetheless very conservative.  But that probably won't stop Senator Cruz from saying otherwise.  Why let the facts get in the way?

September 16, 2015

So as we celebrate Constitution Week and mark the important events that took place in Philadelphia 228 years ago, we should also remember that the Constitution has many anniversaries.  And each of those anniversaries provides an additional reminder of the importance of our Constitution and the values—such as equality and due process under law—that it reflects.  Our Constitution would not be what it is today were it not for the many Amendments that have been added since September 17, 1787, so as we set aside this week to honor and celebrate the Constitution, we should be sure to celebrate the entire document, not just the part the Framers signed on September 17.

September 14, 2015

Legal experts, including ACA opponents like Case Western Reserve law professor Jonathan Adler, have argued that the new and questionable ground broken by Collyer’s decision merits “immediate” appellate review—which the Justice Department has already announced it will seek. If more evidence were needed, Boehner himself provided the clincher the day after the decision. Last Thursday, Politico reported that the speaker “might sue President Barack Obama again,” this time to challenge alleged non-compliance with reporting provisions of the legislation prescribing congressional review of the Iran nuclear agreement. 

September 4, 2015

As none other than conservative Justice Scalia has made clear, when private individuals take public office their personal views must yield to the mandates of the law when acting in a public capacity. If a public official cannot in good conscience do her job for religious reasons or otherwise, then she should resign in protest.