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  • Legal Memorandum posted March 10, 2015 by Gene Schaerr, Ryan T. Anderson, Ph.D. Memo to Supreme Court: State Marriage Laws Are Constitutional

    Over the past year, four federal circuit courts—the Fourth, Seventh, Ninth, and Tenth Circuits—have ruled that the states and their people lack the ability under the federal Constitution to define marriage as it has always been defined: as the legal union of a man and a woman.[1] In their breathtaking sweep, those four rulings are reminiscent of the U.S. Supreme Court’s…

  • Legal Memorandum posted September 18, 2014 by Elizabeth Slattery Overview of the U.S. Supreme Court’s October 2014 Term

    The Supreme Court of the United States begins its next term on October 6, 2014. The 2013 term featured a number of hot-button issues: campaign finance restrictions, racial preferences, pro-life speech outside abortion clinics, unions, legislative prayer, and a challenge to Obamacare’s Health and Human Services (HHS) mandate. Nearly two-thirds of the decisions were…

  • Issue Brief posted March 18, 2013 by Ryan T. Anderson, Ph.D. Marriage Matters: Consequences of Redefining Marriage

    The Supreme Court is considering challenges to state and federal laws that define marriage as the union of a man and woman. After lower courts ruled against these marriage laws, the Supreme Court now has the opportunity to uphold the laws and return to citizens and their elected representatives the authority for answering questions about marriage policy. If marriage…

  • WebMemo posted July 19, 2005 by John McGinnis Advice and Consent: What the Constitution Says

    Editor's Note: Between various presidential nominations now bottled up in the U.S. Senate, and now the intense focus on a nomination to the United States Supreme Court, there have been numerous musings about presidential nominations, the advice and consent of the Senate, and the appointment of judges of the Supreme Court and other officers of the United States. This…

  • Report posted June 20, 2011 by John Yoo, James C. Ho The Sword and the Purse (Part 2); The President as Commander in Chief

    Under the Articles of Confederation, all war power was vested in a Congress and the United States lacked a formal executive. This arrangement proved unworkable as America’s foreign policy and defense, deprived of executive guidance, floundered. Recognizing the need for an executive to act with swiftness and dispatch in response to foreign threats, the Framers of the…

  • Lecture posted April 15, 2010 by The Honorable Bill G. Batchelder, Lawrence J. McQuillan, Ph.D., Edwin Meese III, Hans A. von Spakovsky Tort Reform in the States: Protecting Consumers and Enhancing Economic Growth

    Abstract: The role of the states, particularly the idea that most governmental power should be in the states, is important to America's constitutional system. It has been somewhat eroded in many fields by adverse Supreme Court decisions, but the states are still where much of the innovation in governmental activity is to be found, particularly the kind of activity…

  • Issue Brief posted March 20, 2012 by Charles "Cully" Stimson, Elizabeth Slattery Juvenile Life Sentences: Constitutionality of Life Without Parole for Teenage Murderers

    On Tuesday, March 20, the Supreme Court hears oral argument in two cases involving the constitutionality of sentences of life without parole (LWOP) for teenage murderers. The real issue before the Court is this: Will the Court again “find” or “invent” a heretofore undiscovered constitutional prohibition and thus strike an entire category of sentences for the most violent…

  • Lecture posted October 10, 2012 by The Honorable Alice M. Batchelder Suppose Joseph Story Had Been Right and Brutus Had Been Wrong

    Abstract: Brutus, one of the loose-knit group of Anti-Federalists who opposed the adoption of the Constitution, was convinced that the new government would prove to be a national, not a federal, government; that the several states would cease to exist as sovereign entities; and that the judiciary would be instrumental in causing that result. Joseph Story, a proponent of a…

  • WebMemo posted June 25, 2010 by Robert Alt Key Questions for Elena Kagan

    Before being confirmed to the United States Supreme Court, Elena Kagan must first be confirmed by the U.S. Senate. But before Kagan can be confirmed to this lifetime appointment, she has to answer questions before the Senate Judiciary Committee. Kagan comes to the committee with one of the thinnest records of any Supreme Court nominee in recent history. She has no…

  • Report posted June 20, 2011 by John Yoo, James C. Ho The Sword and the Purse (Part 1); The Role of Congress in War

    From the retaliatory raids on the Barbary pirates at the turn of the 19th century to the ongoing bombing campaign in Libya, American Presidents have deployed military force several hundred times in the nation’s history. Yet Congress has declared war on only five occasions—and only once to initiate hostilities (the War of 1812 against Britain). There is no inconsistency in…

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  • Legal Memorandum posted March 10, 2015 by Gene Schaerr, Ryan T. Anderson, Ph.D. Memo to Supreme Court: State Marriage Laws Are Constitutional

    Over the past year, four federal circuit courts—the Fourth, Seventh, Ninth, and Tenth Circuits—have ruled that the states and their people lack the ability under the federal Constitution to define marriage as it has always been defined: as the legal union of a man and a woman.[1] In their breathtaking sweep, those four rulings are reminiscent of the U.S. Supreme Court’s…

  • Legal Memorandum posted January 28, 2015 by Thomas A. Lambert Respecting the Limits of Antitrust: The Roberts Court Versus the Enforcement Agencies

    The Basic Structure of American Antitrust Law When it comes to assuring low prices, high-quality goods and services, and product variety, there is no better regulator than market competition. Accordingly, the federal antitrust laws—chiefly, the Sherman and Clayton Acts—aim to promote vigorous competition among providers of goods and services. They do so by policing the…

  • Legal Memorandum posted September 18, 2014 by Elizabeth Slattery Overview of the U.S. Supreme Court’s October 2014 Term

    The Supreme Court of the United States begins its next term on October 6, 2014. The 2013 term featured a number of hot-button issues: campaign finance restrictions, racial preferences, pro-life speech outside abortion clinics, unions, legislative prayer, and a challenge to Obamacare’s Health and Human Services (HHS) mandate. Nearly two-thirds of the decisions were…

  • Issue Brief posted April 25, 2014 by Elizabeth Slattery Supreme Court 101: A Primer for Non-Lawyers

    A common refrain from lawyers is that they will take a case “all the way to the Supreme Court,” but it is easier said than done to get the Supreme Court to review a case. The Supreme Court of the United States agrees to hear only a small number of cases each term, so the odds are stacked against most litigants. The reasons why the Court declines to hear particular cases…

  • Legal Memorandum posted September 23, 2013 by Elizabeth Slattery Overview of the Supreme Court’s October 2013 Term

    The Supreme Court of the United States begins its next term on October 7, 2013. The 2012 term was marked by a series of high-profile civil rights cases: a challenge to the Voting Rights Act coverage formula, a case dealing with racial preferences in higher education, Arizona’s proof of citizenship voter registration requirement, and, of course, the long-awaited same-sex…

  • Backgrounder posted March 27, 2013 by Andrew Kloster Why Congress and the Courts Must Respect Citizens’ Rights to Arbitration

    In 1925, Congress passed the Federal Arbitration Act (FAA),[1] establishing a strong federal policy in favor of arbitration. A form of alternative dispute resolution, arbitration reduces litigation costs, a savings that is passed on to consumers. Despite its advantages, however, arbitration has recently come under attack in Congress, executive agencies, and the courts.…

  • Issue Brief posted March 18, 2013 by Ryan T. Anderson, Ph.D. Marriage Matters: Consequences of Redefining Marriage

    The Supreme Court is considering challenges to state and federal laws that define marriage as the union of a man and woman. After lower courts ruled against these marriage laws, the Supreme Court now has the opportunity to uphold the laws and return to citizens and their elected representatives the authority for answering questions about marriage policy. If marriage…

  • Issue Brief posted November 13, 2012 by John Malcolm, Jessica Zuckerman Foreign Intelligence Surveillance Amendments Act of 2008

    In September, the House of Representatives passed the reauthorization of the Foreign Intelligence Surveillance Amendments Act of 2008 (FAA), which made key updates to the authorities granted to U.S. intelligence under the Foreign Intelligence Surveillance Act (FISA). Reauthorization of the bill, which expires at the end of this year, has yet to be taken up by the Senate.…

  • Backgrounder posted October 10, 2012 by Dominique Ludvigson Circumventing Citizens on Marriage: A Survey

    Abstract: Despite a history of consistent voter support for traditional marriage, the U.S. Supreme Court has been asked to address questions concerning this foundational social institution. The issue has been forced onto the Court’s docket by activist judges who have overruled democratically established marriage policies and by executive branch officials who have…

  • Legal Memorandum posted September 21, 2012 by Paul Larkin, Elizabeth Slattery Overview of the Supreme Court’s October Term, 2012

    Abstract: Given the excitement and importance of the recently concluded Supreme Court term, it is possible that the upcoming term will lack the same dazzling array of issues; just as not every baseball lineup is loaded with players like the 1927 Yankees Murderers Row, not every Supreme Court term is chock-full of Hall of Fame cases. Still, the next few years promise their…

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