06 August 2024
A Setback for Homeless Rights in the United States
On June 28, 2024, the United States Supreme Court handed down its decision in City of Grants Pass v. Johnson (Grants Pass), its most significant case on homelessness in decades. The decision overturned the Ninth Circuit Court of Appeal’s 2018 decision in Martin v. Boise (Martin), which mandated that cities allow unhoused individuals to sleep in public spaces when shelter beds were not available. The decision fails to consider the root causes of homelessness in the United States and exacerbates the already fragmented regulatory landscape governing the vulnerable community of the unhoused. Continue reading >>
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04 July 2024
The Supreme Court v. the Administrative State II
The outlook is not rosy for Democrats, neither politically nor in court. Democrats’ hopes that President Biden – who, according to some polls, is trailing Trump in all seven swing states – could turn the odds in his favor in an early debate have been dashed by his disastrous performance. To add insult to injury, in three 6-to-3 rulings along ideological lines, the Supreme Court further reigned in on administrative agencies, putting Biden’s regulatory agenda at risk. The most far-reaching of these decisions is, undoubtedly, Loper Bright Enterprises v. Raimondo. This case marked a milestone for the conservative legal movement’s fight against the administrative state. Continue reading >>05 March 2024
Trump and the American Problem of the Commons
Americans missed another opportunity on Monday to reduce the threat Donald Trump presents to constitutional democracy in the United States and in other countries. The Supreme Court in Trump v. Anderson unanimously overturned decisions that held Trump ineligible to run for the Presidency. Three justices acknowledged that Trump is an “oathbreaking insurrectionist.” None challenged that Trump committed treason on January 6. Nevertheless, in an unsigned per curium opinion that had some basis in policy, but little or no foundation in the constitutional text or history of the Fourteenth Amendment, the justices ruled that states had no power to determine whether persons were eligible for the presidency under Section 3. Continue reading >>27 June 2022