The Great Debate

Grassley aims for GOP political spin on federal judiciary

By Doug Kendall
May 10, 2013

Senator Charles Grassley (R-Iowa) at a Senate Judiciary Committee hearing on Capitol Hill in Washington, July 14, 2009. REUTERS/Joshua Roberts

Can Tsarnaev be ruled an ‘enemy combatant’?

By Ari Melber
April 21, 2013

Three major legal questions are now swirling around the Boston bombing suspect, Dzhokhar Tsarnaev.  Since his dramatic capture Friday night, the public debate has already begun muddling these issues.

Same-sex marriage: Court on the couch

By Richard L. Hasen
March 26, 2013

Will Justice Anthony Kennedy’s support for a constitutional right to gay marriage doom the constitutionality of affirmative action and a key provision of the Voting Rights Act?  To answer this question, legal scholars need to know less about constitutional law and more about human psychology.

Same-sex marriage does not threaten birth rates or child-rearing

By Carlos A. Ball
March 25, 2013

Several years ago the trial judge presiding over the federal constitutional challenge to California’s Proposition 8 asked Charles J. Cooper, the lead lawyer defending the voter-approved measure, how the recognition of same-sex marriages affected heterosexual couples. Apparently caught by surprise, Cooper, a former assistant attorney general under President Ronald Reagan, candidly answered that he did not know.

Voting Rights: Scalia v. minority protection

By David Dante Troutt
March 5, 2013

It’s rare to reach a point in our national sense of humor that a sitting Supreme Court justice emerges as the butt of popular jokes for comments he made during an oral argument. That’s what happened last week, however, after Justice Antonin Scalia asked lawyers defending Congress’s extension of Section 5 of the 1965 Voting Rights Act whether maintaining the pre-clearance formula for nine “covered” states, which are subject to federal oversight, was really just a “racial entitlement” program and not a constitutional necessity.

Who controls Voting Rights?

By Richard L. Hasen
February 26, 2013

This is part of the Reuters series on the future of the Voting Rights Act’s Section 5, which the Supreme Court may strike down this year. You can read other pieces in the series here.

Making sure race is considered

By Janai S. Nelson
February 25, 2013

This is part of the Reuters series on the future of the Voting Rights Act’s Section 5, which the Supreme Court may strike down this year. You can read other pieces in the series here.

The strong case for keeping Section 5

By Morgan Kousser
February 15, 2013

This is part of the Reuters series on the future of the Voting Rights Act’s Section 5, which the Supreme Court may strike down this year. You can read other pieces in the series here.

Focus on new legislative approach

By Richard H. Pildes
January 31, 2013

This is part of the Reuters series on the future of the Voting Rights Act’s Section 5, which the Supreme Court may strike down this year. You can read other pieces in the series here.

Delegate the oversight formula

By Christopher S. Elmendorf
January 30, 2013

This is part of the Reuters series on the future of the Voting Rights Act’s Section 5, which the Supreme Court may strike down this year. You can read other pieces in the series here.