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Adam Winkler
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Adam Winkler is Professor of Law at UCLA and an expert on constitutional law. His book Gunfight: The Battle over the Right to Bear Arms in America, will be published by W. W. Norton in September 2011.

Entries by Adam Winkler

Corporations Are People, And They Have More Rights Than You

(707) 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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Another Big Win for Marriage Equality

(47) Comments | Posted February 23, 2012 | 12:22 PM

On Wednesday, a week after a federal court rejected California's Proposition 8, which bans same-sex marriage, another federal court issued a landmark ruling in favor of marriage equality. This time the law declared unconstitutional was the federal Defense of Marriage Act, or DOMA, which prohibits any federal agency...

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Why Are Taxpayers Subsidizing Anti-Gay Discrimination?

(19) Comments | Posted February 10, 2012 | 9:14 AM

The harassment began in November 2006. On a daily basis, a co-worker directed derogatory anti-gay epithets at James Friso, a structural mechanic employed by military contractor DynCorp International. Friso was repeatedly called a "faggot," "queer" and accused of engaging in homosexual acts. Even after discovering the harassment, management...

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After Today's Prop 8 Victory, What's Next for Same-Sex Marriage?

(570) Comments | Posted February 7, 2012 | 12:14 PM

Today's landmark decision of a federal appeals court striking down California's Proposition 8, which denied marriage rights to same-sex couples, is cause to celebrate. While there have been a few state courts to rule that gays and lesbians are entitled to equal marriage rights under state law, never...

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Police Abuse Videos: The New Era of Oversight

(456) Comments | Posted November 23, 2011 | 10:58 AM

When a UC Davis police officer, Lt. John Pike, took out a can of pepper spray and calmly doused a group of passive, nonviolent Occupy protesters sitting on a campus pathway, he should have known that all of the world would witness his horrific act. There were scores...

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Did Attorney General Holder Lie to Congress?

(435) Comments | Posted October 12, 2011 | 1:16 PM

A House oversight committee chaired by Rep. Darrell Issa, R-Calif., issued a subpoena Wednesday demanding that Attorney General Eric Holder testify about a botched gun sting along the Mexican border. The committee is trying to get to the bottom of "Fast and Furious," a scandal-plagued operation involving the...

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When the NRA Promoted Gun Control

(460) Comments | Posted October 3, 2011 | 9:43 AM

Reports indicate that the Obama administration may be considering new gun control proposals to limit the size of magazines or to strengthen background checks on gun purchasers. One thing you can bet on is that the National Rifle Association will oppose any such measures.

Yet it wasn't always this way....

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Did the Wild West Have More Gun Control Than We Do Today?

(862) Comments | Posted September 9, 2011 | 3:42 PM

After a decision by the Supreme Court affirming the right of individuals to own guns, then-Chicago Mayor Richard Daley sarcastically said, "Then why don't we do away with the court system and go back to the Old West, you have a gun and I have a gun and...

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Romney's Bork Barrel Politics

(51) Comments | Posted August 10, 2011 | 11:09 AM

Last week, Republican presidential candidate and frontrunner Mitt Romney announced his legal policy team. This group of lawyers will advise Romney on a variety of legal questions, including regulatory issues, the scope of executive power, and, most significantly, judicial nominations. The team is quite large -- 63 people...

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