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7 Jun 2024, 7:30 am by Neil Siegel
Sufficient solutions to the problem of gridlock may not exist any time soon given the practical impossibility of amending the Constitution, the unlikelihood that veto practice will become more restrained, and the long periods required for political realignments to occur. [read post]
6 Jun 2024, 2:03 pm by John Elwood
” Escobar notes that although Justice Neil Gorsuch has recused himself in Glossip, the full court could hear his case, suggesting that this case is a better vehicle. [read post]
6 Jun 2024, 1:19 pm by Amy Howe
This is particularly true, he emphasized, when the executive branch has long adhered to – and Congress has not disturbed – the interpretation that the majority overturned on Thursday. [read post]
5 Jun 2024, 7:30 am by Neil Siegel
Rather, original intentions, meanings, and purposes, like structural inferences, customary political-branch practice, and judicial precedent that developed and endured long after ratification of constitutional provisions, inform how we should understand the Constitution's purposes and thus how we should decide interpretive questions when its language is not fully determinate or does not fully cover the case. [read post]
4 Jun 2024, 9:01 pm by Michael C. Dorf
With some notable exceptions, conservative activists have long viewed universities as hostile territory in the culture war. [read post]
4 Jun 2024, 4:13 pm by Yosi Yahoudai
”Green touring has been around for decades, with musicians including Neil Young and Bonnie Raitt among the pioneers. [read post]
4 Jun 2024, 8:44 am
So Trump could ask the Supreme Court to rule that this prosecution is unconstitutional....The current Court is divided on how broadly to apply this rule of lenity, with Justices Sonia Sotomayor and Neil Gorsuch arguing for a more expansive approach, while Justices Samuel Alito and Brett Kavanaugh push a more pro-prosecution approach.... [read post]
4 Jun 2024, 7:30 am by Neil Siegel
(Oxford University Press.)Something like the idea animating The Collective-Action Constitution—or a narrower, more implicit, and more intuitive version of it—has been around for a long time and has been articulated in many places. [read post]
3 Jun 2024, 9:23 am by Marcel Pemsel
Think of the kiss of a soldier and a nurse in Times Square, the picture of Buzz Aldrin on the moon taken by Neil Armstrong or the Tank Man. [read post]
31 May 2024, 11:58 am by John Elwood
Justice Neil Gorsuch filed an opinion dissenting from the denial of cert, arguing that the court’s 1970 decision in Williams v. [read post]
29 May 2024, 9:01 pm by Vikram David Amar
Long settled and established practice may have great weight in interpreting constitutional provisions about the operation of government. [read post]
24 May 2024, 7:49 am by John Elwood
ShareThe Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. [read post]
The dissent, penned by Justice Neil Gorsuch, argued that the discovery rule does not apply in this case because it ordinarily applies only “in cases of fraud or concealment. [read post]
10 May 2024, 6:00 am by Michelle
But it hasn’t worked out that way,” said Neil Saunders, managing director at GlobalData. [read post]
9 May 2024, 2:41 pm by Ilya Somin
[But Justice Neil Gorsuch's concurring opinion suggests the Court may curb asset forfeiture in the future.] [read post]
6 May 2024, 4:43 am by INFORRM
Surveillance Big Brother Watch has published an interview with former undercover police officer, Neil Woods, discussing the undercover surveillance tactics he used during the period of his service. [read post]
30 Apr 2024, 10:02 am by INFORRM
A month earlier, Ofcom controversially cleared another GB presenter, Neil Oliver, of an accuracy breach as a result of linking the coronavirus vaccine to a deadly disease he referred to as ‘turbo cancer’. [read post]