Category Archives: Constitutional Law

Constitutional law news articles, reiews, notes and blog examples.

Seventh in a Series: Adult Coloring Book, "The Lawyers of Trump-Russia" (feat. Michael Avenatti)

by Diane KleinOn Friday, July 20, 2018, we learned what few of us could have been surprised to hear: that former Trump personal attorney Michael Cohen taped conversations he had with Donald Trump, including pre-election conversations about payments made to Karen MacDougal, the former Playboy Bunny with whom Trump had a 10-month affair in 2006.  This seems likely to set off yet another "publicity tour" by attorney-commentator Michael Avenatti, whose representation of adult-film actress Stephanie Clifford (aka "Stormy Daniels"), has been a thorn in Trump's side since spring 2018 – and who predicted the existence and release of these tapes on May 30, 2018.  In the aftermath of the raid on Cohen's office, as far back as April, 2018, there was speculation about such recordings, but the Washington Post and others expressed skepticism about whether any such recordings would include Trump.Why might Cohen have made such tapes? ….. To continue reading this legal news please click Read full information...

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Reinvigorating “Defensive Crouch Liberal Constitutionalism” Part 2: Will Clarence Thomas Save Abortion Rights?

by Michael Dorf (cross-posted on Take Care Blog)If the Senate confirms Judge Brett Kavanaugh to replace Justice Anthony Kennedy, the Supreme Court will almost certainly move to the right on a range of issues, most prominently abortion, where Kennedy wrote or joined key decisions upholding what he and two of his colleagues once called “the central holding” of Roe v. Wade. The post-Kennedy Court will cut back on the federal constitutional right to abortion and could well eliminate it entirely.What then? Public discussion of a post-Roe future has assumed that the issue would “go back to the states.” Champions of abortion rights would be disappointed but not utterly defeated, as efforts might then focus on making transportation available from anti-abortion states to states where it is legal.The US would look much like Ireland prior to its recent passage of a referendum liberalizing abortion regulation. Just as Irish women seeking abortions went to….. To continue reading this legal news please click Read full information...

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My Pharmacist Humiliated Me When He Refused to Fill my Hormone Prescription

I was turned away from a CVS because I’m a transgender woman. The company needs to respond. On a recent day in April, I left my doctor’s office elated. I was carrying my first prescriptions for hormone therapy. I was finally going to start seeing my body reflect my gender identity and the woman I’ve always known myself to be. I went straight from my doctor to the CVS in my town, Fountain Hills, Arizona, which is a suburb of Phoenix. I handed over the three prescriptions that my doctor, who specializes in hormone therapy, had just given me. That’s when my day took a turn. After years of working to affirm my identity in a world where transgender people are questioned constantly about how well they know themselves, the pharmacist refused to fill one of the prescriptions needed to affirm my identity. He did not give me a clear reason for the refusal. He just kept asking, loudly and in front of other CVS staff and customers, why I was given the….. To continue reading this legal news please click Read full information...

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Brett Kavanaugh's One Abortion Case

I am the only lawyer who has argued an abortion case before Trump's Supreme Court nominee. Here's why we should be worried. In October 2017, I went to court to stop the Trump administration from blocking a young immigrant from obtaining an abortion. She had crossed into the United States the month before and discovered she was pregnant soon after. She never had any doubt about what she wanted to do. But the Trump administration had other plans for her.  Her plea, which I relayed to a three-judge appeals panel, was: “Please stop delaying my decision any longer.” That panel included Judge Brett Kavanaugh, and her plea went unheeded.   In the only abortion case heard by President Trump’s nominee to the Supreme Court, Judge Kavanaugh issued a decision that would have forced Jane to further delay her abortion, almost a full month after she first sought it. Ultimately, the full appeals court reversed his decision, ending the….. To continue reading this legal news please click Read full information...

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The Sacredness, and the Uniqueness, of Brotherly Love

The ethnic slaughter in so many parts of the world – Kenya, Myanmar, Rwanda, Sudan, the former Yugoslavia, the “troubles” in Ireland, Ukraine, the blood shed at the separation of Pakistan and India – make the uniqueness of American anti-discrimination rules stand out both for their moral high ground and for their protection of human life. They provided a way to live together in peace, even if getting there has been difficult. They provided a beacon, a light to the world, on living together. Conceived in part as a city on a hill; America was to light the world with our example. Indeed it has. That strong belief in the equality of mankind and the welcome to people from all across the globe has always been attractive. The Enlightenment in Europe was largely about the idea of equality and learning to live with people despite differences in religion and diverse origins. America was founded on that Enlightenment ideal and, while never quite satisfying its own….. To continue reading this legal news please click Read full information...

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