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Shelby County v Holder: Disconcerting Aspects of the US Supreme Court’s Decision and its Impact on the Right to Vote

Shelby County v Holder: Disconcerting Aspects of the US Supreme Court’s Decision and its Impact on the Right to Vote

On the second day of what many consider one of the most eventful weeks in US Supreme Court history, the Court issued its decision on the Voting Rights Act (VRA) in Shelby County v Holder. The VRA was enacted in 1965 to address pervasive racial discrimination in voting. The VRA made substantial inroads, partly due [...]

The Questions Raised by Striking Down DOMA

The Questions Raised by Striking Down DOMA

In light of the release of Windsor v the United States, Karl Laird analyzes the US Supreme Court’s reasoning, noting the Court still avoids the hard questions.   It took Justice Anthony Kennedy just 26 pages to give Edie Windsor what she had fought for since the death of her beloved wife Thea; the federal recognition [...]

Why Fisher v University of Texas is Irrelevant outside the US

Why Fisher v University of Texas is Irrelevant outside the US

The US Supreme Court’s decision in Fisher v University of Texas, released on Monday, has received much international attention.  As Claire Overman and Reva Siegel explain in their recent posts, the decision was not the end to race-based affirmative action in the US that many feared, nor was it the ringing endorsement of Grutter that [...]

A Restriction of the Status Quo: Fisher v University of Texas

A Restriction of the Status Quo: Fisher v University of Texas

Many expected a major ruling on the constitutionality of affirmative action from the United States Supreme Court in Fisher v. University of Texas. But the Court substantially upheld prior precedent in an opinion by Justice Anthony Kennedy, with Justice Ruth Bader Ginsburg dissenting, and Justice Elena Kagan recused from the case. The parties had not [...]

Gene patenting overruled but leaves lasting repercussions for minorities

Gene patenting overruled but leaves lasting repercussions for minorities

Last month, Angelina Jolie penned an op-ed piece in The New York Times about her decision to undergo genetic testing for BRCA mutations (breast cancer susceptibility genes 1 and 2), which greatly increase the risk of breast and ovarian cancer. She also explained her choice to have a prophylactic mastectomy after testing positive for a [...]

Are only the ‘discrete and insular’ subject to prejudice?: An analysis of the Bipartisan Legal Advisory Group’s brief in Windsor v United States

Are only the ‘discrete and insular’ subject to prejudice?: An analysis of the Bipartisan Legal Advisory Group’s brief in Windsor v United States

In the wake of the introduction of the Marriage (Same Sex Couples) Bill in the UK last week, Karl Laird continues to update OxHRH Blog readers on the progress of same sex relationship rights on the other side of the Atlantic.  In this piece Karl analyses the respondent’s brief in Windsor v United States. The Supreme [...]

US Supreme Court grants certiorari in Windsor v United States – what comes next?

US Supreme Court grants certiorari in Windsor v United States – what comes next?

Following on from his previous post considering the recent US Second Circuit Court of Appeal decision to widen the category of ‘suspect class’ to include the protection of same-sex rights, Karl Laird follows the legal progress of this case and offers some context for what is now set to be a landmark US Constitutional decision. By Karl [...]

Fisher v University of Texas: What the Judges Asked

Fisher v University of Texas: What the Judges Asked

The third installment in our affirmative action series looks at the oral arguments presented and questions asked by the bench in Fisher v University of Texas.   In this post Claire Overman takes a closer look at the transcript from the oral hearing. In anticipation of the Court’s decision, this post takes a closer look at the transcript [...]

Fisher v University of Texas: What the Parties Submitted

Fisher v University of Texas: What the Parties Submitted

The second and third posts in our affirmative action series will take a closer look at the submissions and oral arguments presented to the US Supreme Court in the landmark affirmative action case of Fisher v University of Texas.   In this post Claire Overman takes a closer look at the parties’ submissions to the Court. Last month, [...]

A Quick Overview

Blog posts have been coming in thick and fast over the last month. To help you get up to speed, the editorial team has put together a quick summary of some of the major themes. Justice Verma Committee on Indian sexual violence laws The Justice Verma Committee submitted its report on the reform of India’s [...]