"If we consider this to be a civil right, and I do, I don’t think civil rights ought to be left up to a state-by-state approach."

"I think we should have a national policy on this." Here comes the pull from the left on same-sex marriage. That's James Clybu...

This week, Paul Clement argues that a federal statute is constitutional.

After last week's superb performance attacking the constitutionality of the Affordable Care Act in the Supreme Court, former Solicitor G...

Lawsuit seeks equal immigration treatment for same-sex couples.

The NYT headline is "Noncitizens Sue Over U.S. Gay Marriage Ban," but both the citizen and the noncitizen are parties to the suit...

Here's where it's really going to matter that Samuel Alito has replaced Sandra Day O'Connor.

The Supreme Court just granted cert. in an affirmative action case: The U.S. Supreme Court today agreed to consider whether the University o...

"National Merit has never been transparent about, for example, the ethnic diversity of the people who receive National Merit scholarships."

Said William Fitzsimmons, the admissions dean at Harvard , quoted in an article that reports that NYU — like at least 8 other schools — has ...

WI Assemblyman Mark Pocan confronts CEO president Roger Clegg, calling him "some guy" who "came all the way from Virginia" to tell us what "all us flyover country folk don't know."

I've already blogged a few times about the report of the Center for Equal Opportunity — here , here , and here — but what happened toda...

"Did UW-Madison's diversity chief incite students?"

Deborah Ziff asks: Talk show host Bill O'Reilly called him "a loon." The head of a conservative think tank said he fed student...

6th Circuit says Michigan's ban on affirmative action violates Equal Protection.

"The court’s 2-to-1 ruling, which is likely to be appealed, said the voter-approved ban 'unconstitutionally alters Michigan’s polit...

What will the unions do now?

Probing into the unions' strategy here in Wisconsin, the Milwaukee Journal Sentinel only comes up with 2 things: 1. The recall elections...

The Blutarsky/Feingold Philosophy.

John Belushi as Blutarski in "Animal House": Russ Feingold at the Wisconsin Capitol last Sunday: And a few weeks ago, here at the ...

US News Weighs Request to Add the Most Freakishly Manipulable Measure to Law School Rankings.

Weigh well, o wise ones, ye who determine the hierarchy of legal academia.  ADDED: Under the equal protection case law, we'll need to sa...

The oral argument in the 9th Circuit in the Prop 8 case is about to begin.

The case is Perry v. Schwarzenegger . You can watch live on C-SPAN . I'll update with comments soon. UPDATE: You can read some details a...

"As a policy matter, the President has made clear that he believes DOMA is discriminatory and should be repealed" — but his Administration must continue the fight against gay rights.

The Obama administration will appeal the decision from a district court in Massachusetts that the Defense of Marriage Act is unconstitutiona...

Was it "racially insensitive" to say to gay people — as Ann Coulter did — "Marriage is not a civil right. You're not black"?

That's what Talking Points Memo says. I'm trying to understand the theory by which it's racially insensitive. The only thing c...

"[M]en, like women, are bound by stereotypes, perpetuated in society and legitimized by law..."

"... that preclude opportunities for self-definition and coerce men into stifling identities. The Equal Protection Clause should not......

"The true measure of affirmative action's staying power is that its absence now is virtually inconceivable."

Writes Harvard lawprof Randall Kennedy: Liberalism has made racial homogeneity uncool and unacceptable. Even many conservatives are made unc...

"Judge Vaughn R. Walker is not Anthony Kennedy. But when the chips are down, he certainly knows how to write like him."

Writes Dahlia Lithwick, seemingly knowingly... I count—in his opinion today —seven citations to Justice Kennedy's 1996 opinion in Romer ...

"Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license."

"Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite sex c...