constitutional law

Doctrinal Incoherence and the Harm Principle in Parental Medical Decision-Making

Doctrinal Incoherence and the Harm Principle in Parental Medical Decision-Making

Two recent Supreme Court decisions expose a fundamental instability in the constitutional framework governing parental medical decision-making for minors. In United States v. Skrmetti (2025), the Court upheld a categorical...
Chiles v. Salazar: A “Dangerous Can of Worms” Threatening States’ Ability to Protect Children from Harm

Chiles v. Salazar: A “Dangerous Can of Worms” Threatening States’ Ability to Protect Children from Harm

In Chiles v. Salazar (2026), the Supreme Court reversed, 8-1, a lower-court decision allowing Colorado to enforce its law protecting minors from conversion therapy, defined as the use of talk-based...
American Constitutional Law in the Shadows

American Constitutional Law in the Shadows

The judiciary’s role in the American constitutional scheme, as Marbury v. Madison proclaimed, is to “say what the law is.” For other branches of government and the lower courts to...
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