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Severability as Judicial Lawmaking
Severability doctrine raises fundamental questions about the judicial role in constitutional adjudication and the institutional relationship between courts and legislatures. It permits a court toExpand
Strategic Facial Challenges
In United States v. Salerno, the Supreme Court announced the rule that a facial challenge will succeed only if the statute is unconstitutional in all of its possible applications. In this Article, IExpand
Brief of Members of Congress as Amici Curiae on Behalf of Respondents in the Matter Trump v. International Refugee Assistance Project before the U.S. Supreme Court
This amicus brief, submitted on behalf of 138 members of Congress to the U.S. Supreme Court in the matter Trump v. International Refugee Assistance Project in which plaintiffs challenged the TrumpExpand
The Broader Implications of Hobby Lobby
Stereotyping and Difference: Planned Parenthood v. Casey and the Future of Sex Discrimination Law
In Planned Parenthood v. Casey,' the Supreme Court reaffirmed the holding of Roe v. Wade2 that the Constitution protects a woman's right to choose abortion before fetal viability. But the Casey jointExpand
The Ruling: What Does It All Mean?
This chapter collects the authors’ reactions to and analysis of the Supreme Court’s ruling in favor of Hobby Lobby. Shapiro thinks that the decision has been overblown, that it’s a clear and correctExpand
The Unitary Fourteenth Amendment
Modern constitutional law routinely treats the three core protections of Section 1 of the Fourteenth Amendment - the Privileges or Immunities Clause, the Equal Protection Clause, and the Due ProcessExpand
Introduction by Jeffrey Rosen
Jeffrey Rosen, president of the National Constitution Center, explains the role of the NCC in our nation’s constitutional discourse. He then introduces the Gans-Shapiro debate over corporate rights,Expand
'We Do Not Want to be Hunted': The Right to be Secure and Our Constitutional Story of Race and Policing
Both Supreme Court doctrine and the scholarly literature on the constitutional constraints on policing generally begin and end with the Fourth Amendment, ignoring the Fourteenth Amendment’sExpand
Corporate Personhood and Religious Liberty
This chapter examines the claim at the heart of Hobby Lobby: do corporations have a right to exercise religion? Gans says no, because this is a personal right tied to conscience, conviction, andExpand