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21 Jun 2023, 12:28 pm by Josh Blackman
" Second, at conference, Justice Breyer only wanted to grant cert if there were five votes to reverse Bowers: When the nine justices considered in December 2002 whether to take up the appeal, Stevens, Kennedy, David Souter and Ruth Bader Ginsburg voted to hear the case. [read post]
10 Jun 2023, 4:59 am by jonathanturley
After the decision, the late Justice Ruth Bader Ginsburg noted that, if Justice Elena Kagan had not recused herself, it would have been 5-3 and “that’s about as solid as you can get. [read post]
30 May 2023, 5:13 am by Rick Garnett
First, there is the fact that he did not vote uniformly with his more "strict separationist" colleagues—including, say, Justices John Paul Stevens and Justice Ruth Bader Ginsburg—in divided Establishment Clause cases. [read post]
29 May 2023, 12:00 pm by David Oscar Markus
Justice Antonin Scalia and Justice Ruth Bader Ginsburg, who enjoyed an across-the-aisle friendship over many years together on the Court (even if it didn’t manifest itself in their votes or opinions). [read post]
29 May 2023, 2:00 am by KB Beck
Spontaneous memorial tribute to Justice Ruth Bader Ginsburg on the steps of Langdell Hall. [read post]
24 May 2023, 11:02 am by John Elwood
But some state courts have held the practice is unconstitutional, and a host of prominent jurists, including Justices Antonin Scalia, Ruth Bader Ginsburg, and Clarence Thomas, have criticized the practice. [read post]
18 May 2023, 6:30 am by Guest Blogger
Sanford Levinson This post was prepared for a roundtable on Constitutional Crises, convened as part of LevinsonFest 2022. [read post]
14 May 2023, 6:00 am by Guest Blogger
  Two major projects of legal feminism in the United States—women’s suffrage as achieved by the Nineteenth Amendment—and equal protection of the laws without sex discrimination as achieved by Ruth Bader Ginsburg’s 1970s litigation strategy—tried to end legal patriarchy. [read post]
8 May 2023, 1:17 pm by Kathryn Rubino
The post Jake Tapper Practically Begs Democrats Not To Repeat The Mistakes Of Ruth Bader Ginsburg appeared first on Above the Law. [read post]
8 May 2023, 6:30 am by Guest Blogger
  My plea:  Well-meaning constitutionalists must stop teaching the law as if Ruth Bader Ginsburg triumphed. [read post]
5 May 2023, 6:30 am by Guest Blogger
From Ruth Bader Ginsburg’s early encounter with Swedish feminism, where the emancipation of women from constrained gender roles led to the emancipation of men from theirs’, she shows how the focus of U.S. constitutional reform has been informed by changes elsewhere. [read post]
4 May 2023, 9:51 pm by Ilya Somin
In a May 13, 2005 note conveying her decision to join Stevens, Justice Ruth Bader Ginsburg praised the draft opinion for being "as clear fair as can be in conveying our precedent and where it leads in this case. [read post]
4 May 2023, 9:01 pm by Vikram David Amar
G story helps explain why Justice Kennedy would be the sole conservative Justice to join Justice Ruth Bader Ginsburg’s clear and forceful repudiation (a repudiation that has since been supported by a flood of originalist scholarship, including this piece) of ISL in the seminal 2015 Arizona ruling, a ruling that itself was seemingly embraced by the whole Court four years later in Rucho v. [read post]
2 May 2023, 9:44 am by Barbara Moreno
., Representative Opinions of Justice Ruth Bader Ginsburg (2022). [read post]
23 Apr 2023, 9:01 pm by Austin Sarat
Kirchmeier originally used the phrase to describe the death penalty jurisprudence of the late Supreme Court Justice Ruth Bader Ginsburg.According to Kirchmeier, “Ginsburg recognized problems with the implementation of the death penalty…. [read post]
23 Apr 2023, 6:36 pm by Josh Blackman
And as I've noted on this blog many times, her ability to find leaks largely trickled to a halt after Justice Ginsburg's death in September 2020. [read post]
14 Apr 2023, 5:59 am by Above the Law
" Which is exactly what the same liberals said about calls for Ruth Bader Ginsburg to resign and how did that work out for you? [read post]
13 Apr 2023, 11:34 am by Howard Bashman
“‘No Forecasts, No Hints’: Ruth Bader Ginsburg’s gift to future Supreme Court nominees. [read post]