Lyle Denniston

May 21 2015

Same-sex marriage for Alabama — but not yet

A federal judge in Mobile ruled on Thursday that same-sex marriage must be available throughout Alabama, for any gay or lesbian couple wishing to apply for a license — but not yet.

May 19 2015

Notre Dame birth-control protest denied again

Reacting to a Supreme Court order to reconsider, a federal appeals court refused on Tuesday for a second time to stop enforcement of the federal government’s birth-control mandate against Notre Dame University. In a two-to-one ruling, the U.S. Court of Appeals for the Seventh Circuit cleared the way for a trial of the university’s challenge… Read More

May 18 2015

No new limit on police use of force

This post also appears on scotusblog.com Amid an emotional national debate over claims that police are too quick to use excessive force, the Supreme Court ruled on Monday that officers have some leeway to fire their guns to subdue a mentally disturbed person who is violently threatening them.  The Court did so in a narrow ruling… Read More

May 7 2015

NSA’s telephone data sweeps ruled illegal

A federal appeals court, in a decision that may be mostly symbolic, ruled on Thursday that the National Security Agency does not have the authority to carry on its massive electronic sweeping-up of telephone data — authority that has been used for at least nine years but that is now due to expire at the start of… Read More

Apr 26 2015

Same-sex marriage: The decisive questions

This post also appears on scotusblog.com Twenty-two months ago, the Supreme Court — perhaps not fully realizing that it was doing so — set off a constitutional revolution.  In a decision that spoke somewhat tentatively about an “evolving understanding of the meaning of equality,” the Court in United States v. Windsor saw in that understanding… Read More

Apr 13 2015

Preview on same-sex marriage — Part I, The couples’ views

This post also appears on scotusblog.com This is the first post in a four-part series on the written arguments that have been filed in the same-sex marriage cases at the Supreme Court.  This post covers the briefs of the couples who are challenging the state bans.   Later posts in this series will cover the state governments’… Read More

Apr 2 2015

Who has a right to speak up in the Supreme Court?

Reprinted from Constitution Daily, the post of the National Constitution Center in Philadelphia.  The post is by Lyle Denniston Staging a verbal protest inside the Supreme Court’s chamber when the Justices are in session is not, constitutionally speaking, as serious an offense as shouting fire in a crowded theater – the classic illustration that the… Read More

Mar 31 2015

Lawyers for same-sex marriage plea named

This post also appears on scotusblog.com.  Lyle Denniston is the author. Under gentle pressure from the Supreme Court not to split up the argument on single questions, the legal teams supporting same-sex marriage have settled on one lawyer to present each issue.  The teams thus have abandoned their earlier request to let four lawyers appear… Read More

Mar 24 2015

Have voter ID laws survived a new round of challenges?

Reprinted from Constitution Daily, the blog of the National Constitution Center in Philadelphia.  Post by Lyle Denniston. Few constitutional issues over the right to vote divide the nation’s two dominant political parties more deeply than the question of whether elections would be fairer if every voter had to show a photo ID before casting a… Read More

Mar 20 2015

Puerto Rico ends defense of same-sex marriage ban

The government of Puerto Rico on Friday ended its defense in federal court of the territory’s ban on same-sex marriage  The change in position was announced by commonwealth officials in San Juan, and was confirmed in a legal brief filed in the U.S. Court of Appeals for the First Circuit.  Five same-sex couples have a challenge to the ban… Read More

Lyle Denniston continues to write about the U.S. Supreme Court, although he “retired” at the end of 2019 following more than six decades on that news beat. He was there for three revolutions – civil rights, women’s rights, and gay rights – and the start of a fourth, on transgender rights. His career of following the law began at the Otoe County Courthouse in his hometown, Nebraska City, Nebraska, in the fall of 1948. His online, eight-week, college-level course – “The Supreme Court and American Politics” – is available from the University of Baltimore Law School, and it is free.

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