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  • Same-sex marriage: the US, Europe and the Obergefell questions

    Carl Gardner
    June 25, 2015

    Elvert Barnes | Creative CommonsThe US Supreme Court’s opinion in Obergefell v Hodges – it may come out today, or next week – will […]

    Tags: discrimination, ecj, ecthr, eu law, family, free movement, human rights, US constitution, US Supreme Court
  • Will Obamacare survive “destructive analysis”?
    King v Burwell in the US Supreme Court

    Carl Gardner
    June 23, 2015

    It may be on Thursday; it may be next week. But soon, the US Supreme Court will give its opinion in King v Burwell, a case on interpretation of the Affordable Care Act with huge potential consequences for […]

    Tags: interpretation, legislation, US constitution, US Supreme Court
  • US Supreme Court upholds the Affordable Care Act

    Carl Gardner
    June 28, 2012

    The big news from America today of course is that the Supreme Court has upheld the constitutionality of President Obama’s main legislative achievement, the “Affordable Care Act” or as some critics call it “Obamacare”. At its heart is what’s called […]

    Tags: health, US constitution, US Supreme Court
  • Written constitutions: a warning from America

    Carl Gardner
    March 28, 2012

    The United States Supreme Court is currently hearing Department of Health and Human Services v Florida, in which President Obama’s Health Secretary Kathleen Sebelius is appealing the decision of a Federal Court of Appeals that the Patient Protection and […]

    Tags: constitution, health, legislation, US constitution, US Supreme Court
  • Charon podcast: the Supreme Court, and publishing Law Officers’ advice

    Carl Gardner
    July 23, 2009

    Charon interviewed me today: we spoke about the Supreme Court, its origins and what we expect from it, and whether the superficial change from House of Lords to Supreme Court will bring with it more significant changes, such as […]

    Tags: attorney general, charon qc, freedom of information, podcasts, UK Supreme Court, US Supreme Court
  • Boumediene and others v Bush: the Supreme Court’s Guantanamo ruling

    Carl Gardner
    June 14, 2008

    I’ve not posted yet on this important case from the US Supreme Court: I’m sorry, there’s just been too much fun happening in the British Isles this week. But I mustn’t keep you from the judgment itself; here’s a […]

    Tags: human rights, terrorism, US constitution, US Supreme Court
  • United States v Williams

    Carl Gardner
    May 22, 2008

    Before I leave the Big Apple, a leader in today’s New York Times drew my attention to this US Supreme Court case in which a federal law on child pornography has been upheld as constitutional.

    The Times […]

    Tags: children, freedom of expression, US constitution, US Supreme Court
  • Dept. of Revenue of Kentucky v Davis

    Carl Gardner
    May 20, 2008

    Before I end my blog holiday and come back from New York, I thought you might just be slightly interested in this US Supreme Court case showing that non-discriminatory inter-state commerce is protected in a way analogous to (thought […]

    Tags: business, free movement, US Supreme Court
  • Baze v Rees: Supreme Court judgment on lethal injection

    Carl Gardner
    May 12, 2008

    I did say there might be some blawging lite from the US, where I’m currently staying with my cousin Cara in Las Vegas (that’s right!), so here is an all-American caffeine-and sugar-free post, with the judgment (given a few weeks […]

    Tags: human rights, US constitution, US Supreme Court
  • District of Columbia v Heller

    Carl Gardner
    March 19, 2008

    Another fascinating case was argued before the US Supreme Court yesterday: in this case, the question before the court is whether the second amendment to the US Constitution, which guarantees citizen’s right to bear arms, precludes state laws outlawing handgun […]

    Tags: US Supreme Court
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