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At Year’s End: A Duty to Protect our Constitutional Democracy
In this season of peace, remembrance and celebration, we are beckoned by the ghosts of 1776 and 1787 to recall the historic work of this...
Brenna Gerhardt
Jan 5, 20234 min read


Constitutionally Speaking, A Former President May Be Prosecuted
It is unclear if the Department of Justice will charge former President Donald Trump with four crimes referred by the January 6...
Brenna Gerhardt
Dec 27, 20224 min read


Near v. Minnesota: Bulwark of Press Freedom
At this juncture in American history, when the citizenry seems to require frequent reminders of the landmark decisions and actions that...
Brenna Gerhardt
Nov 28, 20224 min read


Blaisdell: Constitutional Flexibility in the Face of Crisis
The enormous pressures and hardships—financial, medical and psychological-- inflicted on the citizenry by the Great Depression required...
Brenna Gerhardt
Nov 17, 20224 min read


Before the Court: The Future of National Unity
Two hundred years ago, in the landmark case of Cohens v. Virginia (1821), the future of our Constitution, the aspirations of national...
Brenna Gerhardt
Nov 17, 20224 min read


Presidents and Former Presidents are Subject to Subpoenas
The 1807 treason trial of Aaron Burr, lost in the mists of early American legal history stirs, at most, only feint recollections among...
Brenna Gerhardt
Oct 27, 20224 min read


“Equal Protection: Serving Sons and Daughters”
In 1996, the Supreme Court delivered a landmark opinion in United States v. Virginia that exalted women’s rights under the Equal...
Brenna Gerhardt
Oct 20, 20224 min read


“Muller v. Oregon: Protection for Women in the Workplace”
The U.S. Supreme Court’s long, tortured road to recognizing women’s constitutional rights in the late 20th Century was preceded by...
Brenna Gerhardt
Oct 12, 20224 min read


“Supreme Court in 1873: Women Unfit to Practice Law”
Not every landmark Supreme Court decision champions the rights of Americans or limits governmental power in a manner that preserves and...
Brenna Gerhardt
Oct 6, 20224 min read


U.S. v. Smith: No Presidential Power to Initiate War
American legal history firmly rejects the view advanced by some commentators and politicians that the president, not Congress, may decide...
Brenna Gerhardt
Sep 28, 20223 min read


A Little-Known Landmark Ruling of Historic Dimensions
Little v. Barreme, decided by the U.S. Supreme Court in 1804, may be among the least familiar landmark rulings ever rendered, but it...
Brenna Gerhardt
Sep 23, 20224 min read


The Court Protects the American Labor Movement
In a stunning decision on April 12, 1937, with enormous constitutional, economic and societal importance, the U.S. Supreme Court, in...
Brenna Gerhardt
Sep 15, 20224 min read


The Court, the Minimum Wage Ruling and the Holy Ghost
The Supreme Court, in a landmark ruling in West Coast Hotel v. Parrish (1937), set against the backdrop of President Franklin D....
Brenna Gerhardt
Sep 6, 20224 min read


Shelley v. Kraemer: “My Little Soul is Overjoyed”
In 1947, in the context of changing attitudes about race and a historic shift in federal policy on the practice of segregation in...
Brenna Gerhardt
Sep 6, 20223 min read


Gideon’s Trumpet: Toward Equality in Criminal Justice
Gideon v. Wainwright (1963), entrenched in American folklore by a best-selling book and a popular film, was one of the most famous...
Brenna Gerhardt
Aug 31, 20224 min read


Loving v. Virginia: Equal Means Equal
In a blockbuster, landmark ruling that rolled back the tides of racism and White Supremacy, the Supreme Court, in Loving v. Virginia...
Brenna Gerhardt
Aug 22, 20224 min read


“Like a Loaded Weapon”: The Korematsu Ruling as a Threat
The Supreme Court’s decision in Korematsu v. United States (1944), upholding the forced evacuation of American citizens of Japanese...
Brenna Gerhardt
Jul 29, 20224 min read


Korematsu: A Heart-Breaking Landmark Decision
The Supreme Court’s landmark ruling in Korematsu v. United States (1944), upheld a government program that required the exclusion of...
Brenna Gerhardt
Jul 19, 20224 min read


Constitutional Principles for the Ages: McCulloch for Maryland
Chief Justice John Marshall’s landmark opinion for the Supreme Court in McCulloch v. Maryland (1819), articulated foundational principles...
Brenna Gerhardt
Jul 14, 20224 min read


McCulloch: Shaping the Future of American Constitutional Law
The constitutional issues that the Supreme Court addressed –and answered—in the landmark case of McCulloch v. Maryland (1819), have...
Brenna Gerhardt
Jul 7, 20224 min read
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