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Text & History Blog

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...

On June 9, 2016, the Supreme Court in Puerto Rico v. Sanchez Valle held, 6-2, that Puerto Rico and the United States are a single sovereign for Double Jeopardy purposes, which means that they cannot both prosecute an individual for the same offense. Sandwiched between the majority and...

When the U.S. Supreme Court issued its decision in Williams v. Pennsylvania, holding that a judge’s failure to recuse himself from a case in which he was previously involved violated the Constitution’s Due Process Clause, it was obviously a win for the convicted defendant. Moreover, by...

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

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.

June 23, 2016

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...

June 14, 2016

On June 9, 2016, the Supreme Court in Puerto Rico v. Sanchez Valle held, 6-2, that Puerto Rico and the United States are a single sovereign for Double Jeopardy purposes, which means that they cannot both prosecute an individual for the same offense. Sandwiched between the majority and dissenting opinions was an unusual two-page concurrence authored by Justice Ginsburg and joined by Justice Thomas. More than the unusual pairing, the opinion was notable for essentially inviting parties to bring an issue to the Supreme Court, a rare move from an institution known for its shrinking docket and defensive denials of review.