[1] Author: Ryan Goellner, Associate Member, University of Cincinnati Law Review In Batson v. Kentucky,[2] the Supreme Court held that peremptory challenges of members of a jury pool are subject to the guarantees of the Equal Protection Clause. Last year, in United States v. Windsor,[3] the Court struck down the federal Defense of Marriage... Continue Reading →
Where Due Process and Equal Protection Meet: Articulating the “Fundamental Right” of Marriage
Author: Ryan Goellner, Associate Member, University of Cincinnati Law Review Since the Supreme Court’s decision in United States v. Windsor[1] last summer, two questions have been on many court watchers’ minds. First, after Windsor articulated a lengthy reasoning for its decision to strike down the Defense of Marriage Act, under what standard of review will... Continue Reading →
Cracking Windsor’s Code: The Unusual Judicial Review Standard of United States v. Windsor and Its Potential Impact on Future Plaintiffs
Author: Colin P. Pool, Publications Editor, University of Cincinnati Law Review The Supreme Court’s opinion in U.S. v. Windsor, [1] which struck down Section 3 of the Defense of Marriage Act (DOMA), has been criticized by many for a perceived “lack of clarity,”[2] or a lack of “parameters, . . . objective analysis, [or] guidance as to how to... Continue Reading →