May 9, 1960: FDA approves first birth control pill

When the U.S. Food and Drug Administration was asked to approve Enovid for contraception, the “birth control pill” had already proved highly effective. But with legal and moral objections, a regulatory storm was gathering.

May 1, 2019 1:10 AM CDT

12 Supreme Court milestones that helped define First Amendment rights (gallery)

The First Amendment is first in the Constitution for a reason, and it only makes sense that the 2019 Law Day theme is “Free Speech, Free Press, Free Society.” Law Day, hosted annually May 1, is an opportunity to reflect on the rule of law in our society. This year’s…

Apr 25, 2019 1:45 PM CDT

Old-fashioned textualism is all about interpretation, not legislating from the bench

Although some lawyers and judges will always care more about policy arguments, nobody can safely ignore grappling with textual arguments.

Apr 1, 2019 1:15 AM CDT

April 6, 1841: John Tyler inaugurates precedential succession

On the death of President William Henry Harrison, Vice President John Tyler set a precedent when he made it clear that he planned to fully assume the office.

Apr 1, 2019 12:35 AM CDT

Have we been pronouncing ‘gerrymandering’ wrong? This man’s descendants think so

Updated: As the U.S. Supreme Court considered the constitutionality of partisan gerrymandering Tuesday, another question lurked beneath the surface. Is gerrymandering pronounced with a soft or hard letter “g”? Gerrymandering was coined from a political cartoon published in 1812. The cartoon bashed Massachusetts Gov. Elbridge Gerry for signing a bill…

Mar 28, 2019 2:01 PM CDT

Did an ax murderer go free? ‘The Trial of Lizzie Borden’ examines the evidence

In The Trial of Lizzie Borden, Cara Robertson uses her skills as a lawyer to go over the strategies used by the defense and prosecution, the evidence brought before the court, and the societal influences that contributed to the outcome.

Mar 20, 2019 6:30 AM CDT

How 2 Supreme Court cases from 1919 shaped the next century of First Amendment law

Just after World War I, the U.S. Supreme Court grappled with a series of cases involving the speech of political dissidents charged with violating federal laws designed to quell criticism of the U.S. war effort, draft or policy toward foreign nations.

Mar 12, 2019 6:30 AM CDT

Who do you think is an inspiring woman in law and why?

March is Women’s History Month in the United States, a time to recognize women from the past and present who overcame adversity to excel in a male-dominated society. Within the American Bar Association, women were not admitted until 1918, and black people were not allowed to join until 1943—meaning not…

Mar 6, 2019 2:13 PM CST

Letters: Immigrant rights

Mar 1, 2019 12:00 AM CST

Chemerinsky: Do religious symbols on government property infringe on First Amendment?

The Supreme Court has a chance to clarify whether symbols of religion on government property violate the First Amendment. The establishment clause has returned to the court in American Legion v. American Humanist Association, to be argued Feb. 27.

Feb 26, 2019 6:00 AM CST

Student free speech case ‘chipped away’ at after 50 years, but ‘overall idea’ remains

Mary Beth and John Tinker remain as engaged and committed to young people’s free-expression rights as they were more than 50 years ago when they were suspended from their middle and high schools in Des Moines, Iowa, for wearing black peace armbands.

Feb 25, 2019 6:00 AM CST

These 14 Black lawyers broke down barriers and made history (gallery)

February is Black History Month, a time to honor the heritage and triumphs of African American people from the past to the present. From abolitionists to modern social justice advocates, the list of African American trailblazers is extensive. As a tribute to Black History Month, the ABA Journal decided to…

Feb 21, 2019 11:22 AM CST

Federal appeals court allows release of grand jury records in 1946 lynching

A federal appeals court on Monday upheld the release of grand jury records in the 1946 lynching of two black couples in Georgia. The 11th U.S. Circuit Court of Appeals at Atlanta ruled 2-1 that the records may be released to historian Anthony Pitch, who wrote a 2016 book on…

Feb 13, 2019 9:19 AM CST

Appeals challenge dismissal of ethics complaints against Kavanaugh

At least two appeals are challenging the dismissal of 83 ethics complaints against U.S. Supreme Court Justice Brett Kavanaugh.

Feb 1, 2019 12:00 PM CST

Supreme Court’s history with alcohol gets a look in ‘Glass and Gavel’

From the earliest days of the U.S. Supreme Court, alcohol has been part of the work lives and social lives of the justices. In the book Glass and Gavel: The U.S. Supreme Court and Alcohol, Nancy Maveety takes readers on a tour through the ways that SCOTUS and spirits have overlapped.

Jan 23, 2019 6:00 AM CST