Judicial Branch Archives

Civil Rights & Individual Liberties Judicial Branch

Brackeen v. Haaland, Part 2: Challenging the Indian Child Welfare Act

November 04, 2021

Part 2: The Current Debate Facing the U.S. Supreme Court For more information about the Indian Child Welfare Act (ICWA) of 1978 and the history of its enactment, please read part one of this series. Brackeen v. Haaland is a complex case that challenges the constitutionality of the ICWA. In the opinion of some, the […]

Brackeen v. Haaland: Challenging the Indian Child Welfare Act

October 27, 2021

The case of Brackeen v. Haaland is currently facing the U.S. Supreme Court. The case calls into question the constitutionality of the Indian Child Welfare Act (ICWA) of 1978. The two major questions in the case are: (1) Is the ICWA unconstitutional on the basis of racial discrimination because of its favoring of Native families […]

Supreme Court Preview: The 2021-2022 Term

October 05, 2021

The Supreme Court begins its new term on the first Monday in October, a tradition that dates back to 1917.1 This year, that meant yesterday, Monday, October 4. In the term ahead, the Court is set to take up many key constitutional and legal issues. To explore those issues, Close Up is offering a free […]

Texas S.B. 8 and the Future of Reproductive Rights

September 29, 2021

In a 5-4 decision, the Supreme Court declined to review a new Texas law (S.B. 8) restricting abortion access in the state after six weeks of pregnancy. Under the provisions of the law, women in Texas are legally prohibited from receiving an abortion, doctors are prohibited from performing an abortion, and third parties (such as […]

Historic Second Impeachment, Part One: Questions of Constitutionality and Unity

February 03, 2021

Last week, the House of Representatives delivered an article of impeachment to the Senate, accusing former President Donald Trump of inciting violence against the U.S. government on the basis of his actions relating to the January 6 storming of the Capitol.1 Already the first U.S. president to be impeached twice, President Trump will also become […]

Executive Privilege and the Supreme Court

May 18, 2020

Last week, the Supreme Court heard arguments in two cases involving President Donald Trump’s tax returns and financial records, Trump v. Mazars and Trump v. Deutsche Bank. During the 2016 election, then-candidate Trump broke with tradition and refused to release many of his financial records and tax returns. The president is suing his accountants and […]

Coronavirus, Prisons, and Detention Centers

March 24, 2020

In the face of the spreading COVID-19 pandemic, government officials and medical experts are calling on people all over the world to practice social distancing.1 In general, this means canceling events and gatherings, avoiding large groups and crowds, and, when possible, staying home. Many people are working from home,2 schools have closed or moved online,3 and […]

Gender, Identity, and Official IDs

March 13, 2020

In February, Representative Ro Khanna (D-Calif.) introduced the Gender Inclusive Passport Act (H.R. 5962) in the House of Representatives. The legislation currently has 25 cosponsors, all of them Democrats.1 If the bill becomes law, it would create a third gender designation on U.S. passports—unspecified (X)—to join the existing designations of male (M) and female (F).2 […]

Is It a Crime When Politicians Lie?

February 05, 2020

“There’s a clear difference between politics and a crime,” Michael Levy told the Supreme Court in January,1 when he made arguments in a case about New Jersey’s “Bridgegate” scandal. As the justices considered whether or not a public official commits fraud by obfuscating the “real reason”2 behind a decision, they asked both sides tough questions […]

The Death Penalty: A Just Punishment?

December 04, 2019

On November 15, 2019, the Texas Court of Criminal Appeals suspended the execution of Rodney Reed and sent his case back to trial, due to new witness testimony that pointed to his innocence and raised concerns about how evidence was handled during the initial trial.1 Since 1977, at least 166 inmates have been released from death […]