Category Archives: Federal Rights

Slate: The Temptations of the Court

(3/27/2012) Simon Lazarus. By the third day of Supreme Court arguments over the Affordable Care Act, people may be inclined to tune out. They shouldn’t. The final hour may be of far greater consequence than anything else the court hears … Continue reading

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The Court House Door Stays Open, But It’s Not Over Yet

In this blog, Rochelle Bobroff outlines the good, bad and ugly parts of the Douglas v ILC decision on Februrary 22,2012. America Constitution Society Blog

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Hertz or Avis? Progressives’ Quest to Reclaim the Constitution and the Courts

In this Ohio State Law Journal article, Simon Lazarus details the challenges posed by the “increasingly reactionary and radical conservative agenda” in relation to the role of the Constitution and the courts.

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Hand Wringing on Health Care

SLATE (1/9/2012). By Simon Lazarus. Hand Wringing on Health Care.  Republican appointees have concluded that upholding the ACA mandate is compelled by the text of the Commerce Clause and Supreme Court precedent, that it is no more “coercive” than other measures, … Continue reading

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11th Cir.: Parts of Alabama anti-immigration law likely violate Constitution

The Eleventh Circuit enjoined parts of Alabama’s anti-immigration law pending a full review of the merits. Though the decision did not bind the merits panel that will soon consider the law’s constitutionality, it indicates that the panel believes that at … Continue reading

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N.D.Ind: limit on payment for dental services violates Medicaid law

A district court issued a preliminary injunction against a state law that places a $1,000 annual limit on Medicaid payments for dental services.  The court concluded that both state and federal Medical laws require states to fully “cover” dental procedures … Continue reading

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S.D.Tex.: rejects 11th Am. defense to ADA claim in education

In a lawsuit against Texas A & M University, a district court held that sovereign immunity did not bar a former student’s claim against the University under Title II of the Americans with Disabilities Act (ADA). The Court also held … Continue reading

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5th Cir: Remands case re consideration of race in re-zoning for schools

After questioning whether the Supreme Court’s recent decision in Parents Involved required the district court to apply strict scrutiny to a school board’s decision to consider race when making a re-zoning decision, the Fifth Circuit found that there was a … Continue reading

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The Medicaid Ambush

SLATE,  The Medicaid Ambush (11/14/11) The Supreme Court’s unexpected and astounding reasons for wanting to hear a challenge to Obamacare.  By Simon Lazarus and Dahlia Lithwick. The Supreme Court agreed Monday to hear a challenge to the Affordable Care Act, … Continue reading

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Supreme Court Refuses to Shut Courthouse Doors on the Poor

On February 22, 2012, the Supreme Court rejected an attempt to eliminate a critical legal tool for protecting the rights of low-income individuals, including many elderly poor. Douglas v Independent Living Center is a significant victory for court access for … Continue reading

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