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David Gans
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Entries by David Gans

Discrimination, Inc.

(5) Comments | Posted February 28, 2014 | 12:54 PM

What does anti-LGBT legislation in Arizona and Kansas have to do with a pair of Supreme Court cases out of Oklahoma and Pennsylvania challenging the Affordable Care Act? Quite a lot. The efforts to give businesses a right to deny women access to contraceptive coverage and to legalize discrimination against...

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Marriage Equality and the Constitution's Guarantee of Equality for All Persons

(7) Comments | Posted February 14, 2012 | 12:18 PM

Ever since the Ninth Circuit's landmark ruling last week in Perry v. Brown striking down California Proposition 8 as a violation of the Equal Protection Clause, there has been a great deal of hand-wringing about Judge Reinhardt's majority opinion, with commentators on Balkinization and Huffington Post...

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Shelby County v. Holder: Oral Argument Preview

(0) Comments | Posted January 31, 2011 | 3:46 PM

On Wednesday, February 2, U.S. District Judge John Bates will hear oral argument in one of the most important civil rights cases pending in the lower federal courts, Shelby County v. Holder, a case with nationwide ramifications for the right to vote and our democracy. At issue in Shelby County...

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Antonin Scalia -- The Tea Party's Court Justice

(178) Comments | Posted November 16, 2010 | 3:04 PM

It's rare to see a sitting Supreme Court Justice call for repeal of parts of our Constitution, but that's what in fact happened last week when Justice Antonin Scalia took a page from the Tea Party playbook and urged a return to the document as it was first...

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Justice Scalia's Originalist Sins

(2) Comments | Posted September 22, 2010 | 2:41 PM

Supreme Court Justice Antonin Scalia is famous for being a stickler about the words of the Constitution, often castigating his colleagues for failing, in his opinion, to honor what the Constitution's text actually provides. But Justice Scalia tends to apply this approach selectively, or not at all, when it comes...

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Rand Paul and Congressional Power to Secure Civil Rights

(0) Comments | Posted June 14, 2010 | 2:46 PM

Kentucky Senate candidate Rand Paul created a firestorm recently by stating that he opposed the portions of the Civil Rights Act of 1964 that prohibit racial discrimination by private businesses providing public accommodations. The outrage following his comments quickly forced Paul to backtrack at least somewhat, though he has still...

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Rand Paul, the Tea Party, and Our Constitution

(14) Comments | Posted May 21, 2010 | 4:44 PM

The Tea Party likes to portray itself as fighting for the Constitution, but more and more evidence makes it clear that the Tea Party only cares about the parts of our original Constitution that limited the powers of the federal government. In their rush to exalt states' rights, Tea-Partiers consistently...

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