The Court could have framed the decision more narrowly. It didn’t.
Andrew Koppelman
Andrew Koppelman, John Paul Stevens Professor of Law at Northwestern University, is the author of Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed (St. Martin’s Press). Follow him on Twitter @AndrewKoppelman.
Posted inLaw and Justice
The Supreme Court Lets Domestic Abusers Have Their Guns
Last June’s Court ruling is being used to strike down state laws keeping guns out of the hands of “credible threats” to women and children.
Posted inLaw and Justice
The Grotesque, Wonderful Respect for Marriage Act
The bill is a sensible response to a deep division among Americans about a fraught moral issue.
Posted inLaw and Justice
‘Roe,’ Precedent, and Reliance
In his draft opinion, Justice Alito dismisses the idea that unintended pregnancies can upend women’s lives.
Posted inLaw and Justice
Do Transgender Students Have Rights to Equal Treatment in the Classroom?
An appellate court gets the facts wrong in an ill-conceived decision.
Posted inLaw and Justice
Bostock: What Two Conservatives Realized and Three Dissenters Missed
By following Antonin Scalia’s textualist criteria, Neil Gorsuch ruled that gay and transgender employees can’t be discriminated against.
Posted inEconomic Policy
Why Even Free-Marketeers Should Support Central Planning in a Pandemic
The very arguments Friedrich Hayek used against central planning now work in favor of it.
Posted inLaw and Justice
Conservatives Have a New Defense for Anti-Gay Discrimination
How Justice Kagan’s invocation of the plain language of the law has come under attack
Posted inLaw and Justice
Supreme Court Considers Civil Rights Statutes as Tool to Protect LGBT Workers Against Job Discrimination
When it comes to LGBT workplace rights, the justices will rule on whether the landmark 1964 statute means what it says and says what it means.
Posted inLaw and Justice
The Real Trouble With Emoluments
The constitutional prohibition does not require proof of bribery.