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29 Aug 2023, 2:17 pm by Ilya Somin
If abortion is banned in State A, but legal in neighboring State B, that creates an incentive for residents of A to cross into B in order to get abortions—even if the feds enact a ban on such crossing. [read post]
16 Aug 2023, 7:00 am by Brian Finucane
Notably, under Section 5(b) of the 1973 Resolution, the submission of a report under the first of these scenarios — introduction of U.S. forces into hostilities or situations of imminent hostilities — also starts a 60-day clock for the withdrawal of U.S. armed forces from such hostilities unless Congress declares war or otherwise enacts specific statutory authorization for the use of force. [read post]
14 Aug 2023, 5:36 am by Guest Author
This is Volume IV of the major questions doctrine (“MQD”) reading list. [read post]
3 Aug 2023, 8:15 am by Rebecca Tushnet
Thomas once said that labeling a regulation a common carrier scheme “has no real First Amendment consequences. [read post]
17 Jul 2023, 8:32 am by Eric Goldman
Although it was a unanimous judgment, Alito was joined by just four other Justices (Thomas, Gorsuch, Kavanaugh, and Jackson). [read post]
13 Jul 2023, 12:06 pm by Legal Aggregate
Nebraska, which struck down President Biden’s effort to cancel student loans under the HEROES Act, bears hallmarks of longstanding tendencies of Chief Justice Roberts’ jurisprudence as well as developments since Justices Gorsuch, Kavanaugh, and Barrett joined the Court. [read post]
10 Jul 2023, 9:01 pm by renholding
BACKGROUND Robert Mallory worked for Norfolk Southern as a freight-car mechanic in Ohio and Virginia. [read post]
9 Jul 2023, 9:02 pm by Barry Winograd
Writing for the Court in favor of a mandatory stay was Justice Brett Kavanaugh, joined by Chief Justice John Roberts and Justices Samuel Alito, Amy Coney Barrett, and Neil Gorsuch. [read post]
8 Jul 2023, 8:32 am by David Post
Smith might never get her website up and running, or that (b) same-sex couples would never actually request her services, or that (c) she would discourage—strongly—said couples, but not actually refuse them service. 1. [read post]
3 Jul 2023, 6:30 am by Sandy Levinson
For the Balkinization symposium on Martin Loughlin,  Against Constitutionalism (Harvard University Press, 2022).Martin Loughlin’s new book Against Constitutionalism is extraordinarily rich and provocative. [read post]
2 Jul 2023, 5:01 am by jonathanturley
The latest was State University of New York (SUNY) system Chancellor John B. [read post]
1 Jul 2023, 8:10 am by Michael C. Dorf
[N.B. from Mike: Blogger inserts my name above because I'm hosting this guest post, but it was written by today's special guest contributor, Professor David B. [read post]
29 Jun 2023, 7:49 am by Public Employment Law Press
  (b) Proposed by Congress and ratified by the States in the wake of the Civil War, the Fourteenth Amendment provides that no State shall “deny to any person . . . the equal protection of the laws. [read post]