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7 May 2023, 6:00 am by Lawrence Solum
As you can guess from the title, Berger's book was very critical of the Warren Court (and its aftermath in the 70s). [read post]
4 May 2023, 4:00 am by Eric Segall
Leo was an influential adviser to former President Trump on his three Supreme Court appointments, who were all present at the dinner.Attendees gave a standing ovation when former Michigan Supreme Court Justice Stephen Markman praised Alito’s June 24 opinion in Dobbs v. [read post]
3 May 2023, 11:08 am by Neil H. Buchanan
  And although the one Supreme Court case to address the underpinnings of Amd14, 1935's Perry v. [read post]
2 May 2023, 12:01 am by Josh Richman
And I think inherent in that is this, you know, this, this observation that, you know, being watched all the time doesn't work as a matter of humanity, right? [read post]
28 Apr 2023, 2:24 pm by Josh Blackman
" Second, Alito observes that those most familiar with the Court's work refuse to defend the Court. [read post]
28 Apr 2023, 5:46 am by Michael C. Dorf
Thus, Egbert has no bearing on Disney's suit for declaratory and injunctive relief against state officials (where both a federal statute and the doctrine of Ex Parte Young provide causes of action).Even so, as Prof Buchanan observed in his essay here yesterday, there is a prima facie similarity between Disney's lawsuit and the challenge to the third version of Trump's Travel Ban that SCOTUS rejected… [read post]
27 Apr 2023, 8:19 am by Neil H. Buchanan
Supreme Court (even before Coney Barrett replaced Ginsburg) said that Donald Trump's stated reasons for his "Muslim ban" did not matter. [read post]
26 Apr 2023, 6:30 am by Guest Blogger
Nonetheless, the Supreme Court has issued decisions making any such reforms difficult to adopt and enforce. [read post]
23 Apr 2023, 6:36 pm by Josh Blackman
The first category is told from an outsider's perspective: how do scholars and other observers view the Court, the Justices, and their decisions. [read post]
22 Apr 2023, 1:23 pm by Josh Blackman
Yet, Chief Judge Moore has not, to date at least, moved to transfer Newman's case to another circuit. [read post]
19 Apr 2023, 7:51 am by Quinta Jurecic
This was the Supreme Courts rationale in Sullivan for requiring plaintiffs to clear the high bar of showing “actual malice” on the part of the defendant: the Court objected to “the possibility that a good faith critic of government will be penalized for his criticism,” writing that such an idea “strikes at the very center of the constitutionally protected area of free expression. [read post]
18 Apr 2023, 4:00 am by Eric Segall
 By Eric SegallTomorrow the Supreme Court hears oral arguments in Counterman v. [read post]
11 Apr 2023, 7:55 pm by Stephen Halbrook
  He states up front that he will not address how legal scholars or the courts have interpreted the Amendment, except to assert, without any support, that James Madison and his colleagues "would have been astonished" at the Supreme Court's holding that the Amendment "grants individuals a right to have guns…. [read post]