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26 Feb 2024, 6:30 am by Guest Blogger
Apart from Taft (and of course apart from the perennially racist McReynolds), race was simply not a salient issue for the Justices who made up the Taft Court. [read post]
24 Feb 2024, 6:30 am by Guest Blogger
McReynolds and Willis Van Devanter aligned closely with the new chief’s social and political views. [read post]
23 Feb 2024, 7:30 am by Guest Blogger
Though Robert notes that he began working on the book 35 years ago (xxv), he has borne that burden well. [read post]
17 Feb 2024, 6:30 am by Guest Blogger
McReynolds defended unenumerated rights of property and contract—which he believed were rooted in morality as well as history and tradition— as a bulwark against the intrusions of the nascent administrative state. [read post]
16 Feb 2024, 7:00 am by Guest Blogger
Bell as well as the anti-miscegenation statute at issue in Loving v. [read post]
16 Feb 2024, 6:30 am by Guest Blogger
McReynolds, Pierce Butler, and George Sutherland by incorrectly assuming they marched in lockstep and shared the same jurisprudential ideas. [read post]
5 Jun 2023, 9:30 pm by ernst
  In Hall (1917), and two companion cases, with only Justice McReynolds dissenting, the Supreme Court rejected various constitutional challenges to dealer-licensing and second-gen specific-approval statutes. [read post]
23 Oct 2022, 7:03 pm by Guest Author
At the time, President Woodrow Wilson’s Attorney General (and later Supreme Court Justice) James Clark McReynolds publicly doubted the agency’s constitutionality. [read post]
26 Apr 2021, 9:32 am by William Ford, Tia Sewell
Andrew Schwartz will join Andy Bernstein, executive director at HeadCount; Amber McReynolds, chief executive officer at National Vote at Home Institute; and Aditi Juneja, counsel at Protect Democracy, for a conversation about voting rights, voter suppression and election security in the United States. [read post]
7 Aug 2020, 10:19 am by Josh Blackman
(Justice McReynold's antisemitism comes to mind). [read post]
23 Jun 2020, 9:21 am by Christine Corcos
The decision was six to three, featuring strong dissents by Brandeis, McReynolds, and Holmes. [read post]
23 Jun 2020, 9:21 am
The decision was six to three, featuring strong dissents by Brandeis, McReynolds, and Holmes. [read post]
9 Jun 2020, 9:30 pm by ernst
The decision was six to three, featuring strong dissents by Brandeis, McReynolds, and Holmes. [read post]
9 May 2019, 2:00 am by DONALD SCARINCI
” The Chief Justice added that “as his selection of administrative officers is essential to the execution of the laws by him, so must be his power of removing those for whom he can not continue to be responsible…” Dissent in Myers v United States Justices Louis Brandeis, James Clark McReynolds, and Oliver Wendell Holmes authored dissenting opinions. [read post]
8 Apr 2019, 6:00 am by Sandy Levinson
             As Devins and Baum well argue, too many political scientist in essence view judges as  highly individualistic; all are attempting to optimize their political preferences (simple “politicians in robes”) or, perhaps, thinking strategically how to influence other political actors, including their own colleagues. [read post]
17 Dec 2018, 8:02 am by Andrew Hamm
Sanford was a patron of the arts, literature and sciences as well as a well-known writer and public speaker. [read post]
19 Oct 2018, 12:38 pm by Ilya Somin
The above analysis assumes that a mandatory national service program would be enacted and administered by a well-intentioned and competent government. [read post]