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20 Feb 2013, 12:00 pm by Guest Blogger
 In some circumstances, however, enforcement concerns can be relevant to the question of whether to recognize a constitutional right because constitutional rights are legal rights; they are not necessarily moral rights.For example, one can read Griswold v. [read post]
25 Oct 2022, 6:30 am by Guest Blogger
  But Harlan wrote an opinion in a case involving Connecticut’s ban on contraceptives, dismissed on technical grounds, which he then incorporated into an eloquent concurring opinion in the famous case of Griswold v. [read post]
27 Sep 2010, 3:34 am by Guest Blogger
They didn’t think poor people could be trusted with the suffrage. [read post]
26 Jan 2023, 8:00 am by Guest Blogger
  Until relatively recently, Article V and the hurdles it presented to formal constitutional amendment was seen as a feature rather than a bug, especially if one credited the constitutional theories of esteemed scholars like David Strauss or Bruce Ackerman. [read post]
2 Oct 2019, 10:01 am by Kalvis Golde
Griswold, the Supreme Court held that Congress could not force people to accept paper money as “legal tender. [read post]
7 Sep 2009, 8:40 pm by Kedar
The role of lead government litigator is a difficult one but could be done by a wide variety of people considering the caliber of attorney staffing the OSG. [read post]
22 Feb 2017, 9:06 am by Schachtman
Many people understand the state’s nickname to mean that Missourians are not gullible.3 The reality of the origins of the Missouri nickname may well be different. [read post]
1 Feb 2012, 8:16 am by David Lat & Elie Mystal
On the campaign trail, presidential candidate Rick Santorum thinks that Griswold was wrongly decided. [read post]
6 Sep 2018, 9:01 pm by Neil H. Buchanan
Wade will be repealed (with abortion still possibly legal on a state-by-state basis) but whether the Court would invent a doctrine under which abortion would be constitutionally prohibited nationwide.Beyond abortion, I asked whether even Griswold v. [read post]
18 Jul 2020, 9:40 am by Guest Blogger
  Koppelman has made one, and I will join him – with just a few small differences – here.To assess Koppelman’s claims, I am going to return to Masterpiece Cakeshop v. [read post]
20 Oct 2011, 1:17 pm by David Lat
Speaking of grumpy old men, check out Judge Bork’s views on contraception: I ask Bork if he still disagrees with the high court’s Griswold v. [read post]
22 Feb 2007, 1:50 am
The question will be whether the privacy principle applies in the new technological context, just as courts have asked whether the free speech principles apply to the Internet, or whether the Fourth Amendment's prohibition against unreasonable searches applies to infrared sensors directed at people's homes. [read post]
18 Dec 2023, 6:30 am by Guest Blogger
  For Sunstein, originalism is unable to accommodate cases such as Brown v. [read post]
31 Jan 2010, 4:29 pm by Lawrence Solum
The counter-majoritarian difficulty seems particularly acute when it comes to so-called “implied fundamental rights,” like the right to privacy at issue in cases like Griswold v. [read post]
22 May 2011, 2:36 pm by Lawrence Solum
The counter-majoritarian difficulty seems particularly acute when it comes to so-called “implied fundamental rights,” like the right to privacy at issue in cases like Griswold v. [read post]