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Adam Winkler
Adam Winkler is Professor of Law at UCLA and an expert on constitutional law. He is the author of Gunfight: The Battle over the Right to Bear Arms in America.

Entries by Adam Winkler

Garland: An Excellent Choice for the Supreme Court

(156) Comments | Posted March 16, 2016 | 11:24 AM

Merrick Garland is an excellent choice to fill the Supreme Court seat left vacant by the death of Justice Antonin Scalia. He is unquestionably qualified for the position, having served for 19 years as a judge on the federal Court of Appeals for the District of Columbia Circuit -- the...

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How to Change the Gun Debate

(41) Comments | Posted October 7, 2015 | 6:08 PM

In the wake of the horrific shooting at Umpqua Community College, Americans are once again wondering why such incidents don't lead to new gun laws. One reason, of course, is the National Rifle Association. Yet the source of the NRA's influence is often mistakenly believed to be its money and...

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What's Missing From the Marriage Decision

(120) Comments | Posted June 26, 2015 | 11:27 AM

Today's Supreme Court decision recognizing the constitutional right of same-sex couples to marry is a milestone in America's journey toward equal citizenship for all, regardless of sexual orientation. And while those of us who support marriage equality are right to rejoice, there remains one thing missing from Justice Anthony Kennedy's...

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How the Supreme Court Saved Obamacare -- Today and Tomorrow

(46) Comments | Posted June 25, 2015 | 12:46 PM

For proponents of the Affordable Care Act, today's Supreme Court decision upholding federal subsidies on federally created exchanges is cause to celebrate. Once again, the ACA has survived a potentially fatal challenge. The significance of today's decision, however, also extends into the future. Because of how the Supreme Court reasoned...

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5 Things to Look for in the Same-Sex Marriage Arguments

(0) Comments | Posted April 27, 2015 | 9:02 AM

Tuesday the Supreme Court will hear oral argument on the constitutionality of bans on same-sex marriage. Oral argument in the Supreme Court can be opaque, especially for those who aren't well versed in the legal issues at stake or the precedents likely to be considered. During oral argument, the justices...

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Por que a Suprema Corte americana não quer julgar o casamento igualitário

(0) Comments | Posted October 7, 2014 | 2:11 PM

Ontem a Suprema Corte dos Estados Unidos anunciou que não julgará um caso de casamento igualitário no futuro próximo, recusando várias apelações de decisões de tribunais inferiores que anularam proibições ao casamento entre o mesmo sexo. Sem dúvida, é uma decepção para muitos que esperavam que o Tribunal declarasse o...

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Why the Supreme Court Waited on Marriage Equality

(53) Comments | Posted October 6, 2014 | 11:43 AM

Today the Supreme Court announced it would not hear a marriage equality case in the near future, turning down several appeals of lower court rulings that voided bans on same-sex marriage. No doubt this is a disappointment to many who have been waiting for the Court to declare marriage equality...

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Ferguson: With So Many Guns in America, Police Are Trained to Live in Fear

(381) Comments | Posted August 19, 2014 | 12:07 PM

The fatal shooting of Michael Brown, an 18-year-old African American, by a white police officer has sparked protests and outrage in the small town of Ferguson, Missouri. It has also touched off debates throughout the United States on racial harassment by the police and the increasing militarization of...

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Corporations Are People, And They Have More Rights Than You

(697) Comments | Posted June 30, 2014 | 11:28 AM

Ever since Citizens United, the Supreme Court's 2010 decision allowing unlimited corporate and union spending on political issues, Americans have been debating whether, as Mitt Romney said, "Corporations are people, my friend." Occupy Wall Street protestors decried the idea, late night comedians mocked it, and reform groups proposed amending the...

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Bloomberg Gives Boost to Gun Control

(221) Comments | Posted April 16, 2014 | 4:07 PM

Today's announcement by billionaire and former New York mayor Michael Bloomberg of the creation of Everytown for Gun Safety, a new political organization committed to electing pro-gun control legislators, is just the boost the gun control movement needs. The failure of Congress to enact reform in the wake of Newtown,...

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Will the Supreme Court License Anti-Gay Discrimination?

(413) Comments | Posted March 24, 2014 | 9:39 AM

On Tuesday, the Supreme Court hears arguments in one of the most anticipated cases of the term, Hobby Lobby v. Sebelius. The focus of the case will be on President Obama's health care law and its requirement that employers provide health insurance that includes coverage for birth control. Yet, what...

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With Arizona 'Beau Crow' Law Dead, Time to ENDA Discrimination

(20) Comments | Posted February 26, 2014 | 10:37 PM

Wednesday marked the defeat of Arizona's "Beau Crow" law -- a modern-day version of Jim Crow that would have given state endorsement to discrimination against gay and lesbian people. Yet LGBT discrimination by private businesses remains lawful, in both Arizona and most states. Unlike race, sex, disability, veteran status, and...

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Are Polygamy Bans Unconstitutional?

(92) Comments | Posted December 16, 2013 | 11:52 AM

Last week a federal court in Utah struck down a key portion of Utah's ban on polygamy. In a case brought by Kody Brown, the star of Sister Wives, a reality television show about a polygamous family, the court said it was unconstitutional to prohibit a married person...

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NRA Loses Big At Home

(15) Comments | Posted November 6, 2013 | 12:02 PM

Yesterday's gubernatorial election in Virginia was a remarkable setback for the Virginia-based National Rifle Association. Democrat Terry McAuliffe beat Republican Ken Cuccinelli, despite McAuliffe's support of expansive new gun control laws, like universal background checks and limits on assault rifles and high-capacity magazine. Indeed, McAuliffe had an "F" rating from...

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Will the Supreme Court Uphold Gay Marriage Ban?

(1654) Comments | Posted December 7, 2012 | 2:23 PM

Today, the Supreme Court agreed to hear a landmark case challenging the constitutionality of California's ban on gay marriage. The California case, brought by Supreme Court superstars Ted Olson and David Boies, was designed from the beginning to obtain a bold, revolutionary ruling by the justices declaring gay...

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The Romney Court

(176) Comments | Posted October 21, 2012 | 11:48 AM

For all the drama surrounding the Supreme Court's much-anticipated ruling on President Obama's health care reform law, the Court has faded from public attention and not yet emerged as a major campaign issue. Yet with Republican challenger Mitt Romney surging in the polls, it's time to ask how a Romney...

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The Roberts Court Is Born

(502) Comments | Posted June 28, 2012 | 10:58 AM

Today's Supreme Court is often referred to as Anthony Kennedy's Court. Although Kennedy is the swing justice who usually casts the deciding vote in close cases, the landmark ruling this week in the healthcare cases clearly marks the maturation of the "Roberts Court."

Chief Justice John Roberts was the surprising...

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The Anti-Obama Court

(683) Comments | Posted June 22, 2012 | 2:01 PM

People are on the edge of their seats waiting for the Supreme Court to rule on President Obama's health care reform law. But no matter what happens with that law, it is clear already that the Roberts Court is unusually hostile to the Obama administration. This term, the justices have...

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Will George Zimmerman Be Convicted?

(1014) Comments | Posted April 11, 2012 | 5:31 PM

The news that Florida prosecutors are bringing charges against George Zimmerman for the death of Trayvon Martin raises two questions: Will Zimmerman be convicted? And what role will Florida's "Stand Your Ground" law play in the case?

Before considering either of these two questions, however, one must recognize...

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No Surprise: The Supreme Court Is Hostile to Health Care

(1394) Comments | Posted March 28, 2012 | 9:19 AM

These days the Supreme Court is nothing if not predictable. After two days of oral arguments on the Affordable Care Act, President Obama's signature legislative accomplishment, there have been few surprises.

On the first day of hearings, the justices considered whether the lawsuits challenging the individual mandate were barred by...

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