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The Latest Breaking News from Noah Feldman

What Is The Original Meaning of "Sectarian"?

The Blaine Amendments purported to do exactly what Town of Greece rejected: permit "generic" expressions of religion but not expressions of specific religious beliefs.

Reason

Corporate DEI initiatives are facing cutbacks and legal attacks

Corporate DEI positions soared after the murder of George Floyd in 2020. Now, due to economic pressure and political pressure from the right, they face an uncertain future.

WEKU

Noah Feldman: As justices snipe, Supreme Court's image suffers

The Supreme Court justices are getting testy with one another. As the court’s conservative revolution proceeds, the tone of the court’s opinions is getting increasingly confrontational — and increasingly personal. Extreme decisions are provoking extreme reactions. The leak of the Dobbs opinion last year, and the court’s botched investigation into…

Tribune News Service

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Noah Feldman: Supreme Court’s conservative revolution comes into sharper focus

The Supreme Court’s conservative judicial revolution is taking on a recognizable, three-pronged structure.

Tribune News Service

Noah Feldman: Affirmative action is radical Supreme Court's latest casualty

Affirmative action died Thursday at the hands of the Supreme Court’s conservative constitutional revolution. In a 6-3 decision, written by Chief Justice John Roberts, the court overturned nearly 50 years of precedent and held that it’s unconstitutional for universities to take account of racial diversity in their admissions.

Tribune News Service

Noah Feldman: The Supreme Court just stood up for electoral democracy

In a 6-3 decision, the U.S. Supreme Court firmly rejected the so-called independent state legislature theory. This bizarre theory would have allowed renegade legislators to violate their state constitutions in setting rules for federal elections — allowing them to hijack elections for U.S. Congress and even the presidency.

Tribune News Service

Noah Feldman: Supreme Court was sensibly conservative on tribal rights

Justice Amy Coney Barrett’s majority opinion for the Supreme Court in Haaland v. Brackeen is conservative in the good, old-fashioned sense of the word. In upholding the Indian Child Welfare Act, the court reaffirmed precedent and declined an invitation to revolutionize the law with a reactionary constitutional holding. Along the…

Tribune News Service

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Noah Feldman: The court’s Warhol-Prince ruling is pro-artist, anti-art

The Supreme Court has sided with individual artists — but against art itself. In a fascinating copyright decision that transcended ideological lines, the court held that Andy Warhol’s distinctive reworking of a photograph of Prince did not count as fair use, thus requiring the Andy Warhol Foundation to compensate the…

Tribune News Service

Noah Feldman: Biden has no power to unilaterally raise the debt ceiling

If Congress fails to raise the debt limit, can President Joe Biden somehow borrow more money to save the United States from default? The short answer is no. But that hasn’t stopped a group of Senate Democrats from urging Biden to act unilaterally by invoking the Fourteenth Amendment.

Tribune News Service

Democrats Calling On The Use Of The 14th Amendment If Negotiations With Congress Fail

A group of Democratic Senators plans to urge President Joe Biden to invoke the 14th Amendment to address the debt ceiling crisis.

Zenger

Noah Feldman: Florida can't take trans teens from their parents

Republicans in the Florida House of Representatives have passed a bill authorizing the state to take custody of children if their parents have agreed to give them gender-affirming health care. The law is obviously terrible policy. And it’s particularly hypocritical given that conservatives claim to support parental rights in making…

Tribune News Service

Noah Feldman: Trump indictment is a risky bet for New York and the nation

The criminal indictment of former president and current presidential candidate Donald Trump is historic and unprecedented. It stands for the principle that, in the United States, no one is above the law.

Tribune News Service

Noah Feldman: Regulating AI will be essential. And complicated

Whether or not calls for pausing AI development succeed (spoiler: they won’t), artificial intelligence is going to need regulation. Every technology in history with comparably transformational capabilities has been subject to rules of some sort. What that regulation should look like is going to be an important and complicated problem,…

Tribune News Service

Noah Feldman: Fox News can be held accountable while protecting free speech

At the center of Dominion Voting Systems’ lawsuit against Fox News and Fox Corporation is a deceptively subtle First Amendment question: How may a news outlet speak about false claims made by a public figure?

Tribune News Service

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Noah Feldman: Tennessee’s ban on drag performance violates freedom of speech

Tennessee has passed a law aimed at restricting drag performances, an art form that often involves exaggerated gender performance and cross-dressing. Similar bills have been introduced in 14 other states as part of the revived culture war against LGBTQ people. The Tennessee law was written to survive judicial scrutiny by…

Tribune News Service

Noah Feldman: New pro-choice abortion pill lawsuit is a gamble

As a Texas federal judge mulls whether to halt the Food and Drug Administration’s longstanding approval of an abortion pill, 12 liberal states have filed a separate lawsuit in a federal district court in Washington state that seeks to force the FDA to drop some restrictions on the drug.

Tribune News Service

Noah Feldman: Ethics code wouldn’t fix Supreme Court’s legitimacy crisis

Pressure is rising on the U.S. Supreme Court to adopt an ethics code. On its face, this sounds reasonable. What’s not to like about ethics? But it’s worth asking what problem the change would solve.

Tribune News Service

Noah Feldman: The chief justice's wife has every right to her legal career

The search for conflicts of interest in the personal lives of the Supreme Court justices has reached a new level of paranoia with the suggestion that Chief Justice John Roberts’s wife, Jane Sullivan Roberts, somehow shouldn’t be allowed to do her job as a legal recruiter.

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Tribune News Service

Noah Feldman: Abortion pill lawsuit won’t get a fair shake in post-Roe America

The first significant stage of post-Roe abortion litigation is underway and focuses heavily on abortion pills. GenBioPro, a pharmaceutical company that makes the drug mifepristone, has asked a federal court to declare that West Virginia’s anti-abortion law is inconsistent with the Federal Drug Administration’s determination that the pill is safe…

Tribune News Service

Noah Feldman: The difference is that Biden gave the documents back

We still don’t know a lot of important facts about President Joe Biden’s retention of classified documents at his Penn-Biden center office and Delaware home. For that matter, there’s a lot we still don’t know about former president Donald Trump’s retention of classified documents at Mar-a-Lago. What is certain is…

Tribune News Service

Noah Feldman: A conservative theory too extreme even for this Supreme Court

This Supreme Court hasn’t exactly been shy about issuing extremely conservative rulings. Even so, one pending case stands out for its combination of dangerous and unhinged. That case is Moore v. Harper, and involves the so-called independent state legislature theory. The bad news is that Wednesday’s oral argument underscored how…

Tribune News Service

Noah Feldman: Who let Trump run out the clock on tax returns? The courts

The Supreme Court’s stay of a congressional demand for Donald Trump’s taxes is almost certainly the final nail in the coffin of Democrats’ efforts to investigate the former president’s finances. If — as is widely expected — Republicans take control of the House in next week’s midterm election, the demand…

Tribune News Service

Noah Feldman: Conservative attack on consumer protection wins an illogical victory

Conservatives have never liked the Consumer Financial Protection Bureau, the brainchild of Massachusetts Sen. Elizabeth Warren. Now a conservative panel of the conservative U.S. Court of Appeals for the Fifth Circuit has struck down the CFPB’s rulemaking authority using a novel theory.

Tribune News Service

Noah Feldman: Supreme Court will end the era of college diversity

At the end of this month, the U.S. Supreme Court is poised to hear arguments in two closely watched cases on affirmative action in higher education. They’re widely expected to overturn the 1978 case that allowed racial diversity to become an organizing principle for college admissions. Like Roe v. Wade,…

Tribune News Service

Noah Feldman: A Texas judge just took religious ‘freedom’ too far

The long march of religious liberty exemptions is gaining speed. The people who brought you contraceptive care exemptions and COVID rule and vaccine exemptions have now moved on to insurance for anti-HIV drugs. Last week, a federal district court held that a Christian employer is entitled to an exemption from…

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