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30 Sep 2022, 4:00 am by Jim Sedor
National/Federal Brooklyn’s Library Moves to Slip Books Through Red State Bans MSN – Madina Touré (Politico) | Published: 9/24/2022 The front line of America’s culture war now runs straight through the nation’s school libraries, with conservatives in dozens of states outlawing books and instruction and the left working to shield targeted authors. [read post]
24 Sep 2022, 8:03 am by Eugene Volokh
After Anderson died, O'Neill would have had the right to renew the lease if he were "a non-traditional family member," but Anderson was married to Robert Romano. [read post]
20 Sep 2022, 10:00 am by Josh Blackman
Kagan's concerns about legitimacy are better suited for Obergefell, which wrested the issue of marriage from the political process based on penumbras. [read post]
17 Sep 2022, 3:00 am by jonathanturley
The keynote address will cover “Emerging Cases and Controversies Before the Roberts Supreme Court. [read post]
12 Sep 2022, 9:00 pm by Kyle Hulehan
Key Findings Massachusetts’ tax advantage in New England is primarily driven by its competitive individual income tax rate and its sales and use tax structure. [read post]
31 Aug 2022, 7:39 pm by Josh Blackman
However, Sotomayor did not issue an emergency stay in the Utah same-sex marriage litigation. [read post]
15 Aug 2022, 8:52 am by Margaret Wood
H.R.8404 [117th] Respect for Marriage Act 9. [read post]
2 Aug 2022, 9:01 pm by Michael C. Dorf
—which overruled the constitutional right to abortion—numerous observers have worried that other so-called privacy rights might also fall, including the right to same-sex marriage recognized in Obergefell v. [read post]
2 Aug 2022, 6:30 am by Guest Blogger
Today’s justices make generous use of legal canons—those old principles of interpretation that come from Roman law and are often, perhaps surprisingly, shared with Islamic law.[15]After Karl Llewelyn excoriated the use of these legal canons to interpret statutes as incoherent over half a century ago, Justice Scalia and his textualist colleagues (and disciples) rehabilitated them.[16]They are now favored tools for Justices Barrett, Kavanaugh, Gorsuch, Alito, Roberts, and Thomas. [read post]
29 Jul 2022, 6:30 am by Guest Blogger
This post was prepared for a roundtable on Wrestling with Religious Diversity, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
27 Jul 2022, 4:00 am by Michael C. Dorf
The equal protection argument was made in Obergefell, but CJ Roberts nonetheless dissented. [read post]
20 Jul 2022, 7:37 pm by Josh Blackman
According to Justice Gorsuch, as well as Chief Justice Roberts, it is impossible to discriminate against a person on the basis of sexual orientation without also discriminating against that person on the basis of sex. [read post]
20 Jul 2022, 6:22 pm by Ilya Somin
" In his famous article on the Full Faith and Credit Clause, Justice [Robert] Jackson argued that "[w]here there is a choice," the Clause should be used to "meet the needs of an expanding national society for a modern system of administering, inexpensively and expeditiously, a more certain justice. [read post]