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Text & History Blog

When the Supreme Court hears a big case on a controversial issue, everyone thinks they know what to expect: a 5-4 decision with Justice Kennedy casting the deciding vote.  But when the Supreme Court announced its decision about the constitutionality of the Affordable Care Act’s individual mandate...
As the mid-term elections fast approach, it's not just congressional races that are getting hotly partisan. The proponents of the latest challenge to the Affordable Care Act are racing to the Supreme Court, and playing politics with the law in the process. Michael Carvin, the lead attorney in this...
This week marks the start of the Supreme Court’s new Term.  While observers are likely to focus their attention on cases this week addressing constitutional protections during traffic stops (Heien v. North Carolina) and the scope of religious freedom under a key federal law (Holt v. Hobbs), the...
The new Supreme Court Term may not officially start until Monday, but it feels like it’s well underway now with the announcement today of eleven new cases that the Court will be hearing this Term.  And with these eleven grants of review, we see some signs that the tenth Term with John Roberts as...

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

October 23, 2014

When the Supreme Court hears a big case on a controversial issue, everyone thinks they know what to expect: a 5-4 decision with Justice Kennedy casting the deciding vote.  But when the Supreme Court announced its decision about the constitutionality of the Affordable Care Act’s individual mandate in National Federation of Independent Business v.

October 23, 2014

As the mid-term elections fast approach, it's not just congressional races that are getting hotly partisan. The proponents of the latest challenge to the Affordable Care Act are racing to the Supreme Court, and playing politics with the law in the process. Michael Carvin, the lead attorney in this round of attacks on the ACA, apparently expects the Supreme Court to play along with him. But he might have trouble convincing the Justices to join his game.

October 6, 2014

This week marks the start of the Supreme Court’s new Term.  While observers are likely to focus their attention on cases this week addressing constitutional protections during traffic stops (Heien v. North Carolina) and the scope of religious freedom under a key federal law (Holt v. Hobbs), the Court will also hear argument in a pair of cases attracting friend-of-the-Court briefs from the U.S.