My last post offered examples of areas where symmetry could help guide future doctrinal development. This final post on my book addresses three of the most fraught areas of constitutional law: equal ...

David R. Burton focuses on tax matters, securities law, entitlements and regulatory and administrative law issues as The Heritage Foundation’s senior fellow in economic policy. Read his research. Rep.

When the Supreme Court hears an appeal Wednesday from transgender youths challenging a Tennessee ban on their medical care, fundamental principles forbidding sex discrimination will be on the line.

Justice Kagan ponders at great length about whether there can be an as-applied challenge based on the Equal Protection Clause. At times, the Supreme Court goes through jurisprudential fads. I am not ...

For over 50 years, we have lived in a “democracy” defined by a stagnant Constitution, partisan gridlock, and rule by an appointed Supreme Court minority. Progress is stalled. At best, we rely on ...

Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not necessarily reflect the opinions of SCOTUSblog or its staff. One of the most striking things about oral ...

The University of Oregon was named in a civil rights complaint on March 4 regarding four UO scholarships that allegedly discriminate based on race, color, national origin and/or sex. The complaint, ...

Please note that SCOTUS Outside Opinions constitute the views of outside contributors and do not necessarily reflect the opinions of SCOTUSblog or its staff. Last month, the Supreme Court held oral ...