American Judges Association


Date of this Version



Court Review, Volume 51, Issue 3 (2015)


Copyright American Judges Association. Used by permission.


T here can be little doubt about the ruling for which the Supreme Court’s 2014-2015 Term will best be remembered. In its penultimate public session—and over four fierce dissenting opinions—the Court struck down all remaining state bans on same-sex marriage, thereby simultaneously setting in place an enormous milestone in the legal rights of America’s gays and lesbians and, for the ruling’s opponents, raising the specter of Lochner and judicial illegitimacy. We will begin by briefly revisiting that landmark ruling and then will turn to the Term’s other significant decisions, concerning issues involving administrative law, antitrust, due process, elections and redistricting, employment discrimination, evidence, executive power, fair housing, federal jurisdiction, health care, religion, speech, takings, taxation, and more.