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Text & History Blog

In short, the Administration’s interpretation of the pertinent provisions of the ACA and the IRC fits the ACA’s design and avoids the sort of self-defeating scenario the Court ruled out in King. The Administration has more than ample reason for confidence that its decision to fund the...

The Roberts Court issued its final decisions of the Term on June 27, including blockbuster rulings in McDonnell v. United States and Whole Woman’s Health v. Hellerstedt, but quietly wrapped up its business docket in mid-June, handing the Chamber of Commerce an 8-4 winning...

Confounding those who expected the Roberts Court to deliver a blow to the use of race in university admissions, Justice Anthony Kennedy today authored a 4-3 opinion in Fisher v. University of Texas at Austin ...

June 26 marks the first anniversary of the Supreme Court’s historic ruling in Obergefell v. Hodges that the Fourteenth Amendment requires every state to allow same-sex couples to marry. This was a life-changing ruling for me and for other lesbians and gay men across the country...

Blog Post Series

Defending the Voting Rights Act

In the wake of an election season in which the Voting Rights Act proved its mettle as the last, best hope against voter suppression efforts, the Supreme Court will be reviewing the constitutionality of a key part of this iconic civil rights statute in a case called ...

Obama Judicial Nominees in Limbo

CAC has documented the U.S. Senate’s  unprecedented obstruction of President Obama’s judicial nominees — under the direction of Senate Majority Leader Mitch McConnell (R-KY). 

CAC in Court

Constitutional Accountability Center chooses the best cases to bring our ideas about the Constitution into court and secure victories in the U.S. Supreme Court, state supreme courts, and federal courts of appeal that move the law closer to the text and history of our Constitution. 

 

Originalist Sins

Conservative Justices like Antonin Scalia and Clarence Thomas get a great deal of criticism (from the left) and praise (from the right) for being “originalists” and committing to follow the “original meaning” of the Constitution’s text.  Constitutional Accountability Center comes at this debate...

Text & History Blog

July 15, 2016

In short, the Administration’s interpretation of the pertinent provisions of the ACA and the IRC fits the ACA’s design and avoids the sort of self-defeating scenario the Court ruled out in King. The Administration has more than ample reason for confidence that its decision to fund the cost-sharing reduction subsidies, essential to enable the ACA to work as intended, will be validated when this latest legal challenge finishes its odyssey through the federal courts.

July 12, 2016

The Roberts Court issued its final decisions of the Term on June 27, including blockbuster rulings in McDonnell v. United States and Whole Woman’s Health v. Hellerstedt, but quietly wrapped up its business docket in mid-June, handing the Chamber of Commerce an 8-4 winning record for the current Term (67%) – up from 62% last Term. Overall, the Chamber has a 69% success rate during Chief Justice Roberts’s tenure to date, compared to 56% during the stable Rehnquist Court and 43% during the late Burger Court.

June 23, 2016

Confounding those who expected the Roberts Court to deliver a blow to the use of race in university admissions, Justice Anthony Kennedy today authored a 4-3 opinion in Fisher v. University of Texas at Austin upholding the constitutionality of the University of Texas’ modest use of race as one factor among many in choosing a diverse student body.