Lyle Denniston

A Washington Post reporter says a potential Supreme Court ruling on same-sex marriage as a fundamental right could help nullify rulings in more than 30 states. I'll explain why the issue isn't as simple as it seems.

The statement at issue:

President Obama opposed Proposition 8. But...

Does a case for banning the use of the filibuster in the Senate stand a chance of success with the Supreme Court? I look at a recent news story that claims the case looks strong, but with significant obstacles.

The statement at issue:

Emmet Bondurant [an Atlanta lawyer] thinks the...

Did President Obama, in his ABC interview, endorse a Constitutional right to same-sex marriage? Constitutional expert Lyle Denniston looks at four ways the president could endorse the legal right of same-sex couples to enter civil marriage that could be created and apply to all states -- if he chose to...

In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or rights it protects. Today's topic: state authority to exclude people who have no legal right to be...

It will take five votes on the Supreme Court for Arizona to get permission to start enforcing key parts of its tough new immigration control law -- S.B. 1070 -- and those votes appeared to be within reach on Wednesday. In an 80-minute hearing, the Court got strong...

In the final round of hearings in a Supreme Court term that has seemed closely linked to the 2012 election campaign, the Supreme Court turns its attention this week to the emotional subject of immigration controls. At issue is the constitutionality of a 2010 Arizona law so widely known that...

In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or rights it protects. Today's topic: judges' power to bar news reporters and spectators from tweeting or texting...

In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or rights it protects. Today's topic: lower court judges' criticism of the Supreme Court.

The statement at...

In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or rights it protects. Today's topic: Curbing the role of Super PACs.

The statement at issue:
"Super...

In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or rights it protects. Today's topic: the legitimacy of the unelected Supreme Court.

The statements at issue:

In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or rights it protects. Today's topic: The Supreme Court and its coming decision on health care.

The...

In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or rights it protects. Today's topic: self-defense and the Constitution.

The statement at issue:

"The stand-your-ground law is...

The centerpiece of the new federal health care law, and its most controversial part -- the individual insurance mandate -- looked to be doomed after the first hour of the Supreme Court's hearing on it Tuesday. But it seemed to rally in the second hour, and, while not exactly assured...

This essay first appeared on SCOTUSblog, March 25, 2012.

American constitutional history has not moved in a straight line, from the Founding to the 21st Century. Its development is a wavering line, with twists and turns that were far from predictable. The amendment process under Article V has...

The Supreme Court holds three days of hearings next week on the constitutionality of major parts of the new federal health care law, the Patient Protection and Affordable Care Act. Tuesday night at 6pm EST the National Constitution Center's Peter Jennings Project for Journalists and the Constitution presented a...

In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or rights it protects. Today's topic: term limits for members of Congress.

The statement at issue:

In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or rights it protects. Today's topic: secret legal memos on the U.S. use of military drones to kill...

This is another in a continuing series of posts in which Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or rights it protects. Today's topic: the Supreme Court and super PACs.
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As tens of millions of dollars (much of it probably from corporations) flows often secretly into this year's presidential and congressional campaigns -- and as efforts to stop that flow seem frustrated -- the U.S. Supreme Court has just signaled that it may take another look at its part in...

In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about the meaning of the Constitution and what duties it imposes or rights it protects. Today's topic: the constitutional protection of patients' privacy.

The statement at issue:

"Mandating...