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8 Jul 2020, 4:00 am by Eric Segall
By Eric Segall"There are really only two ways to interpret the Constitution-either try to discern the best we can what the framers intended, or make it up. [read post]
26 Jun 2020, 7:30 am by JB
On Wednesday, Eric Segall inaugurated his new video show and podcast, Supreme Myths, by interviewing me about originalism and living constitutionalism, constitutional design, and life tenure for the federal judiciary. [read post]
4 Jun 2020, 1:59 pm by Stephen Griffin
  However, this would be the practical equivalent of accepting that there is no strong difference between originalism and living constitutionalism, as Eric Segall and others have urged.This is relevant to "Optimistic Originalism" because the continuing resistance to fully accepting Balkin’s deal has significant implications for the effort by OPM originalists to understand the Reconstruction amendments, the Fourteenth Amendment in particular, in an optimistic… [read post]
29 May 2020, 9:05 pm by Jamison Chung
” Exempting places of worship from quarantine orders is a “terrible mistake,” University of Texas Law School’s Sanford Levinson and Georgia State University College of Law’s Eric Segall write in the American Constitution Society Expert Forum. [read post]
29 May 2020, 7:52 am by Neil H. Buchanan
  In interpreting legal texts, they claim to be constrained by the limits of the words themselves.Although Professor Dorf and frequent DoL contributor Professor Eric Segall disagree on some important details, they both reject the originalist and textualist (O&T) approach on what is essentially legal realist grounds. [read post]
17 May 2020, 5:44 am by Adam Kolber
In case you missed it a couple of months ago, Eric Segall concisely skewered Supreme Court constitutional law jurisprudence, offering "10 representative examples that show how judge-made constitutional law is little more than the aggregate of the Justices' value preferences or, on some occasions, the results of bargaining among the Justices to reach a five-vote result that makes little sense. [read post]
12 May 2020, 4:00 am by Eric Segall
By Eric Segall"He does not believe in stare decisis, period. [read post]
1 May 2020, 2:09 pm by Howard Bashman
“The Futility of Originalist Analysis in Second Amendment Cases”: Eric Segall has this blog post at “Dorf on Law. [read post]
1 May 2020, 7:00 am by Eric Segall
By Eric Segall (Cross-posted @ Second Thoughts)In his dissent to the Supreme Court’s dismissalof New York State Rifle & Pistol Association v. [read post]
27 Apr 2020, 4:30 am by Eric Segall
By Eric Segall“Judges are like umpires. [read post]
21 Apr 2020, 12:00 pm by Eric Segall
By Eric SegallOn Monday, I suggested that pro-choice progressives should root for Chief Justice Roberts to encourage (I don't think it would be hard) the other four conservatives on the Court to reverse Roe and Casey this term. [read post]
21 Apr 2020, 7:04 am by Howard Bashman
“The Pro-Choice, Progressive Argument for the Court Overturning Roe and Casey”: Eric Segall had this blog post yesterday at “Dorf on Law. [read post]
21 Apr 2020, 4:00 am by Michael C. Dorf
DorfYesterday my friend and co-blogger Prof Eric Segall provocatively suggested that the Supreme Court ought to overrule Roe v. [read post]
20 Apr 2020, 4:30 am by Eric Segall
I shall explain the nature of my disagreement with Prof Segall's position in a follow-up post tomorrow. [read post]
11 Apr 2020, 6:30 am by Eric Segall
By Eric Segall[Disclaimer: So far my family has not been hit with the Virus nor do my wife and I have jobs where we have been hurt economically. [read post]
7 Apr 2020, 11:06 am by Howard Bashman
” And at “Dorf on Law,” Eric Segall has a blog post titled “The GOP’s Decade-Long Efforts to Kill Voting Rights. [read post]
6 Apr 2020, 4:00 am by Eric Segall
Levinson & Eric Segall  (cross-posted @ Expert Forum of the American Constitution Society)The spread of the Corona virus, a world-wide emergency, “presents itself,” as doctors might say, in particular national forms. [read post]
18 Mar 2020, 4:00 am by Eric Segall
By Eric Segall          While our country is reeling from the chaotic effects of the Coronavirus, those of us with expertise unrelated to medical issues should probably keep doing what we do. [read post]
12 Mar 2020, 11:00 am by Eric Segall
By Eric Segall[Disclaimer: With everything going on right now, I know there are much more urgent matters that need addressing than the role of the Supreme Court in the next election, but I’m not a doctor and don’t even play one on TV so I guess I will march on with what I know. [read post]