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June 29, 2011

For the first time since Congress passed the Patient Protection and Affordable Care Act, a Republican-appointed judge has voted to uphold Congress's power to enact the health care reform law, including the minimum coverage provision.

June 29, 2011

Constitutional Accountability Center – which was involved in five of the biggest business cases this term – released anend-of-Term Issue Brief that identifies two major themes of the Court’s business rulings this Term, and updates our empirical analysis of the Chamber’s success rate before the Roberts Court.

June 24, 2011

Monday -- the last day of the Court’s Term -- is shaping up to be First Amendment Day at the Supreme Court.  Two of the four remaining cases to be decided raise important questions concerning the meaning of the First Amendment. 

June 23, 2011

Given the nearly identical storylines, how did the Supreme Court come up with a happy ending for consumers in Wyeth but a happy ending for big business in PLIVA?

June 20, 2011

In a blow to group claims of gender discrimination and class actions more generally, the Supreme Court has rejected a class-action lawsuit brought by female employees of Wal-Mart who claim they suffered discriminatory pay and promotion practices resulting from the company's alleged corporate culture of discrimination. The massive lawsuit could have involved up to 1.6 million women, with Wal-Mart, the nation's largest retailer, facing potentially billions of dollars in damages.

June 14, 2011

Is it remarkable that Pawlenty supports appointing conservative justices to the Supreme Court?  Of course not.  But it is truly astonishing for a candidate for President of the United States to speak with such ignorance of the words of the Constitution. 

June 14, 2011

The first thing President Obama might discover during his visit is that if he moved to Puerto Rico, he would no longer be able to vote for himself.  Although Puerto Rico is part of the United States and home to almost 4 million U.S. citizens -- thousands who serve in the U.S. Armed Forces, can vote for the Commander-in-Chief.  Like the residents of Obama’s current home city of D.C., they are also denied voting representation in both the House and Senate.

June 10, 2011

As Mildred Loving put it in 2007, reflecting on the rulingto which she and her husband gave their name, “I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry. . . .  That’s what Loving and loving, are all about.”

June 7, 2011

When a federal appeals court in Atlanta hears arguments tomorrow in the constitutional challenge to the Affordable Care Act brought by 26 states, the only advocate for the states to stand before the judges will argue against the Act.  But that doesn’t mean that the states are “united” against the Act in this lawsuit, as the challengers’ lawyer, former George W.

June 3, 2011

By Doug Kendall, President

Judicial independence depends upon the public's confidence that the federal judiciary is something more than a third political branch. Correspondingly, judicial independence has never been more imperiled than it is today, for at least two reasons.