Mark Joseph Stern
Mark Joseph Stern
CRITIC
img-contested
N/A
0 reviews
PUBLIC
img-trusted
80%
5 reviews

RECENT ARTICLES

Sort by:
gold-cheese80%
Third Circuit affirms the constitutional right to record police officers.

Third Circuit affirms the constitutional right to record police officers.

On Friday, a panel of judges for the 3rd U.S. Circuit Court of Appeals that the First Amendment protects individuals’ right to film police officers performing their official duties. The 3rd Circuit now joins the 1st, 5th, 7th, 9th, and 11th Circuits in concluding that the Constitution . No federal appeals court has yet concluded that the First Amendment does not safeguard the right to film law enforcement officers conducting police activity in public.Friday’s decision involved two instances in which the Philadelphia police retaliated against citizens attempting to film them. In the first...

July 8, 2017
Share
Save
Review
No Rating
The Supreme Court Broke Its Own Rules to Radically Redefine Religious Liberty

The Supreme Court Broke Its Own Rules to Radically Redefine Religious Liberty

Late on Friday night, the Supreme Court issued a 5–4 decision in , which blocked California’s COVID-related ban on religious gatherings in private homes. Chief Justice John Roberts dissented, as did the three liberal justices, making Tandon COVID decision in which Justice Amy Coney Barrett’s vote made the difference.AdvertisementAlthough the conservative majority’s decision was unsigned and ran just four pages long, it radically altered the law of religious liberty. Since 1990’s , the Supreme Court has not interpreted the First Amendment’s free exercise clause to require religious...

Apr 12
Share
Save
Review
No Rating
Washington State Shows How a Truly Progressive Court Changes Everything

Washington State Shows How a Truly Progressive Court Changes Everything

AdvertisementAdvertisementThe Washington Supreme Court is on a roll. On March 11, it took the unprecedented step of mandatory sentences of life without parole for people under the age of 21—making Washington the first state in the nation to extend such protections to defendants who, while technically adults at the time of their crime, have greater potential for rehabilitation because of their youth. The previous month, a majority of the court Washington’s drug possession law, effectively legalizing possession of controlled substances while thousands of convictions going back decades. And,...

Mar 15
Share
Save
Review
No Rating
The Conservative Movement’s Favorite Legal Theory Is Rooted in Racism

The Conservative Movement’s Favorite Legal Theory Is Rooted in Racism

AdvertisementAdvertisementAt least five justices on the Supreme Court identify as originalists, meaning they believe judges must interpret the Constitution as it was understood when ratified. Originalism is ascendant everywhere: on SCOTUS, on the lower courts stacked with Donald Trump nominees, in law schools and Congress and state legislatures. The Republican Party endorses originalism in its platform every four years. GOP politicians wield the doctrine to justify their own policies to attack those favored by Democrats. Progressive lawyers may fight and Democrats may gripe about it, but...

Apr 6
Share
Save
Review
No Rating
John Roberts’ Attack on Environmental Protections Is Bad History and Bad Law

John Roberts’ Attack on Environmental Protections Is Bad History and Bad Law

AdvertisementAdvertisementThe Supreme Court turned away a major challenge to the president’s ability to protect marine ecosystems on Monday, a victory for the environment that comes with a caveat: Chief Justice John Roberts expressed his desire to narrow—really, eviscerate—the executive branch’s power to safeguard large areas of environmentally sensitive lands, especially those underwater, in the future. Roberts’ invites industry groups to challenge the scope of submerged national monuments, and it suggests that, next time around, the chief justice will shrink these critical habitats down...

Mar 23
Share
Save
Review
No Rating
The Racist Justice Department Policy That Shows Why D.C. Needs Statehood

The Racist Justice Department Policy That Shows Why D.C. Needs Statehood

AdvertisementAdvertisementOn Monday, the House of Representatives’ Oversight and Reform Committee held a hearing on H.R. 51, a bill that would grant statehood to the District of Columbia. The House already the measure in 2020, the first time a D.C. statehood bill passed either chamber of Congress, but it died in the Republican-controlled Senate. Now that Democrats control the Senate—and Joe Biden, , sits in the White House—they hope they can finally grant D.C.’s 712,000 residents full representation, voting rights, and control over their own criminal justice system.AdvertisementThat last...

Mar 22
Share
Save
Review
No Rating
The Fight Against Trans Rights Was Never Going to Stop With Bathrooms or Sports

The Fight Against Trans Rights Was Never Going to Stop With Bathrooms or Sports

AdvertisementAdvertisementOn Monday, three Republican state senators in North Carolina the Youth Health Protection Act, a perverse title for a bill that imperils youth health. The measure would prohibit all gender-affirming health care for children and adults under the age of 21. It also requires all “government agents,” including school officials, to report a child’s “gender dysphoria” or “gender nonconformity” to their parents—effectively requiring schools to out LGBTQ students. By Wednesday, the act had drawn four additional Republican cosponsors, meaning a full quarter of the North...

Apr 7
Share
Save
Review
No Rating
Republicans’ Arguments Against H.R. 1 Are Just About Preserving Their Own Power

Republicans’ Arguments Against H.R. 1 Are Just About Preserving Their Own Power

AdvertisementAdvertisementRepairing the United States’ elections system has now become an existential challenge for Democrats. The Republican Party is increasingly devoted to choking off ballot access for those who don’t support them: As the , red-state legislatures are passing vote suppression measures dressed up as “ballot security” rules at a clip that has . Yes, some states are passing measures to increase access to the ballot, but measures that would make it harder to register, vote early, vote by mail, or produce voter ID are now being pressed in “the most significant wave of such...

Mar 8
Share
Save
Review
No Rating
Congress Might Actually Expand the Courts

Congress Might Actually Expand the Courts

AdvertisementAdvertisementAdvertisementThe United States judiciary does not have enough judges. This is not a partisan gripe but an objective problem that has overwhelmed federal courts and imposed unconscionable delays on litigants for decades. On Wednesday, the House of Representatives’ subcommittee on courts held a to confront this quandary; remarkably, Democrats and Republicans agreed that Congress has an obligation to expand the federal judiciary by adding new seats to both district and appeals courts. But several Republicans endorsed a scheme that would prevent President Joe Biden...

Feb 24
Share
Save
Review
No Rating
Conservative Judges Are Manipulating the History of Eugenics to Overturn Roe v. Wade

Conservative Judges Are Manipulating the History of Eugenics to Overturn Roe v. Wade

AdvertisementAdvertisementOn Wednesday, the U.S. Court of Appeals for the 6th Circuit upheld an Ohio law that prohibits doctors from performing an abortion if they know the reason is because the fetus has been diagnosed with Down syndrome. The 9–7 seems to defy the Supreme Court’s decisions in Roe v. Wade and Planned Parenthood v. Casey, which found a constitutional right to terminate a pregnancy before viability. Yet the court’s conservative judges claimed that those precedents did not necessarily apply here, because Ohio was not simply regulating abortion; the state claimed to be...

Apr 15
Share
Save
Review
OUTLETS
slate.com

slate.com

CRITIC
img-trusted
93%
PUBLIC
img-trusted
72%