Legal News for Fri 6/26 - SCOTUS Immigration and Gun Rights Signals Pretty Clear, Real Estate Class Action Transparency Ruling Major Shift

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Legal News for Fri 6/26 - SCOTUS Immigration and Gun Rights Signals Pretty Clear, Real Estate Class Action Transparency Ruling Major Shift

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This Day in Legal History: Windsor and ObergefellOn two separate June 26ths, exactly two years apart, the Supreme Court made history by recognizing marriage equality as a constitutional right. These decisions fundamentally transformed American law and represented victories for millions of Americans.On June 26, 2013, in United States v. Windsor, the Supreme Court ruled 5-4 that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional. DOMA had defined marriage, for federal law purposes, as a union only between one man and one woman. This meant that even though some states had legalized same-sex marriage, the federal government refused to recognize those marriages for tax purposes, immigration, federal benefits, and countless other legal matters. Edith Windsor, a woman who had been married to her female partner for over 40 years, faced a massive federal estate tax bill after her wife’s death because the federal government refused to recognize their marriage. She sued, arguing that DOMA violated the Constitution’s guarantee of equal protection. The Court agreed. Justice Anthony Kennedy wrote that DOMA “violates basic due process and equal protection principles applicable to the federal government.” The decision meant that same-sex couples legally married under state law now had to be recognized by the federal government. It was a stunning victory—but not a complete one, because some states still didn’t allow same-sex marriage at all.Two years later, on June 26, 2015, in Obergefell v. Hodges, the Supreme Court took the final step. In a 5-4 decision, the Court ruled that same-sex couples have a constitutional right to marry under the Fourteenth Amendment. This was different from Windsor. Windsor said the federal government must recognize marriages that states allowed. Obergefell said states must allow same-sex couples to marry in the first place. The decision meant that in all 50 states, same-sex couples could get married and have their marriages recognized and protected by law. Justice Kennedy again wrote the majority opinion, describing marriage as “the foundation of the family” and emphasizing that the right to marry has been recognized as vital in our history and tradition. He wrote about the personal dignity of same-sex couples and their commitment to each other: “It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves.”For most of American history, the law told millions of Americans they weren’t allowed to marry the person they loved. The law denied same-sex couples basic rights that heterosexual couples took for granted—hospital visitation, inheritance, tax benefits, the ability to make medical decisions for each other. Windsor and Obergefell said that’s unconstitutional. They affirmed that equal protection of the law means you can’t be denied basic rights because of who you love.These two decisions, decided on the same date two years apart, represent one of the most dramatic shifts in constitutional law in decades. They show how the Constitution evolves to protect fundamental rights, and they demonstrate that the arc of justice, though long, bends toward equality. Millions of same-sex couples across America now have the legal right to marry, to have their marriages recognized, and to be treated equally under the law. For many, these decisions represented not just legal victories but personal affirmations that their relationships, their love, and their families matter.The Supreme Court has signaled its approval of restrictive immigration policies, suggesting the Trump administration will succeed in making immigration law more difficult for immigrants and more favorable to enforcement.The Supreme Court has been reviewing several immigration cases involving Trump administration policies designed to restrict immigration. Based on recent oral arguments and the Court’s questioning during those arguments, many observers believe the Court will side with the Trump administration on immigration issues. This represents a significant shift. For decades, the courts have sometimes limited executive power over immigration, recognizing that even though the President has broad authority over immigration, the Constitution still applies. Immigrants have constitutional rights, including due process protections before being deported. But the current Supreme Court appears skeptical of these limitations.The President does have significant power over immigration—deciding who can enter the country and who must leave. But the Constitution doesn’t disappear just because immigration is involved. People facing deportation deserve notice, a chance to be heard, and due process. The Supreme Court appears to be tilting toward giving the Trump administration even broader immigration power, with fewer constitutional protections for immigrants. ...

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