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Constitutional Law

Law Faculty Scholarship

Series

2020

Constitutional law

Articles 1 - 3 of 3

Full-Text Articles in Law

Five Takeaways From High Court's Term, John M. Greabe Aug 2020

Five Takeaways From High Court's Term, John M. Greabe

Law Faculty Scholarship

[Excerpt] Last month, the Supreme Court wrapped up it 2019-2020 term with a flurry of significant rulings.

The court confirmed that Congress and state attorneys general may subpoena third parties for evidence when legitimately investigating a sitting president; held that the executive branch must engage in reasoned decision-making when rescinding administrative protections for a vulnerable population (i.e., beneficiaries of the Deferred Action for Childhood Arrivals (DACA) program); and defined the scope of the president's power to remove officials from high office.

The court also clarified that federal anti-discrimination employment protections extend to LGBTQ workers; held that states may punish members …


Judicial Review And Governmental Bad Faith, John M. Greabe Jun 2020

Judicial Review And Governmental Bad Faith, John M. Greabe

Law Faculty Scholarship

[Excerpt] This column is the third and final installment of a series considering some potential implications of June Medical Services v. Russo, a case involving a constitutional challenge to a Louisiana law regulating access to abortion services. The United States Supreme Court heard arguments in the case on March 4. A decision is expected shortly.

The first column sought to place June Medical Services in context by describing the history of constitutional abortion-rights litigation at the Supreme Court. The second explained what the case is likely to tell us about the respect the court will show to prior constitutional …


The Supreme Court And Constitutional Stare Decisis, John M. Greabe Apr 2020

The Supreme Court And Constitutional Stare Decisis, John M. Greabe

Law Faculty Scholarship

[Excerpt] This column is the second in a series of three considering some potential implications of June Medical Services v. Russo, a case involving a constitutional challenge to a Louisiana law regulating access to abortion services. The United States Supreme Court heard arguments in the case on March 4, 2020. A decision is expected by the end of June. More on the case below.