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  • Commentary posted December 12, 2016 by John Malcolm, Tiffany Bates Fate of Federal Courts Rests with Next President

    Few presidential elections have featured federal court judges among their top five issues. The Supreme Court’s odious decision in the Dred Scott case was a central theme in the 1860 race between Abraham Lincoln and Stephen Douglas. And several controversial decisions by the Warren Court were front and center in the 1968 faceoff between Richard Nixon and Hubert Humphrey.…

  • Legal Memorandum posted September 20, 2016 by Elizabeth Slattery, Tiffany Bates Overview of the Supreme Court’s October 2016 Term

    October 3, 2016, marks the beginning of a new Supreme Court term. The 2015 term included challenges to the use of racial preferences in college admissions, the Obama Administration’s immigration “executive action,” Texas’s law requiring abortion doctors to have admitting privileges at a local hospital, the Obamacare contraception mandate, and former Virginia Governor Bob…

  • Commentary posted September 7, 2016 by Tiffany Bates Misusing ‘Separation of Church and State’

    When Thomas Jefferson penned his famous but often misunderstood phrase about “building a wall of separation between Church & State” (in his letter to the Danbury Baptists), it’s doubtful he expected a state to use it to justify denying children safe playground surfaces. But that didn’t stop Missouri from doing just that. This fall, the U.S. Supreme Court will weigh in on…

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