Harvard Law & Policy Review

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Equality and Liberty in the Same-Sex Marriage Case

By Michael C. Dorf Since the Supreme Court’s 2013 decision in United States v. Windsor, invalidating Section 3 of the Defense of Marriage Act, a clear majority of lower courts to hear challenges to state laws forbidding same-sex marriage have found for the plaintiffs. Some state executive officials—like those in New Jersey and Pennsylvania—graciously accepted defeat and did not appeal. Some—like those in Virginia—saw the light and became vigorous advocates for the rights of their gay and …

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Clinging to Capital Punishment

By Lisa Ebersole Last week the Utah state legislature passed a law that would reinstitute death by firing squad as an option for capital punishment if the state were unable to maintain adequate supplies of lethal injection drugs. Many are skeptical of this seemingly barbaric and primitive method of execution—in a recent poll only 12 percent of respondents said that they would support this type of substitution. Some contend, however, that death by firing squad is actually the quickest (and …

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Echoes of Unsung Selmas

By Ryan Cohen As a Millennial, I have few memories of protests shaking the foundations of my world the way Selma did in 1965. That’s not because there are not injustices in society, or people determined to speak out against them. Perhaps it’s partly because my generation has found a new public forum in the Internet. But more importantly, it’s because policy and jurisprudence have gradually whittled away our right to peacefully protest. Student protests against rising tuition at University of …

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The Problem with Kicking the Can Down the Road

By Tharuni Jayaraman It’s happening again. As has been reported endlessly this past week, if Congress does not act soon to pass a funding measure, the Department of Homeland Security will shut down at 12:01 AM on Saturday. Notwithstanding the endless speculation and sound bites, the long-term implications for the country of such a shutdown are unclear. Indeed, given that about 85% of DHS employees would likely be considered “essential,” the term “shutdown” might, in itself, be a bit of a …

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Thinking About an Agenda for a New Supreme Court, Part I

By Mark Tushnet Suppose that a Democratic president makes a “relevant” appointment to the Supreme Court – that is, a replacement for one of the Court’s conservative justices (among whom I include Justice Kennedy). What can progressive scholars and activists say about the new Court’s agenda? Some immediate qualifications:  You shouldn’t think that the President will name and the Senate confirm someone who has exactly the agenda you’d like. The pool of potential nominees is already mostly set, …

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