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1 Jul 2023, 3:28 pm by Eugene Volokh
Planned Parenthood, decided Friday by the Indiana Supreme Court, in an opinion by Justice Derek Molter, joined by Chief Justice Loretta Rush and Justice Mark Massa, concludes that this is a judicially enforceable provision that protects long-established unenumerated rights: Interpreting Article 1, Section 1 requires us to uncover "the common understanding of both those who framed" our Constitution "and those who ratified it. [read post]
1 Jul 2023, 1:00 am by David Pocklington
…People who live in and around Barkham know that we have several well established and long-term gypsy families in the area. [read post]
1 Jul 2023, 12:48 am by Joseph Fishkin
S. 414, 427 (1990) (the Appropriations Clause is “a most useful and salutary check upon profusion and extravagance” (internal quotation marks omitted)).Separately, and a little saucily, he responds to Justice Kagan’s dissent at one point this way:The dissent insists that “[s]tudent loans are in the Secretary’s wheelhouse. [read post]
30 Jun 2023, 6:11 pm
Despite long privatization processes that took place around the globe at the end of the twentieth century, the state’s role in the economy has not beeneclipsed. [read post]
30 Jun 2023, 5:50 pm by Angelo A. Paparelli
S. 456, 464 (1996) (decisions about enforcement of “the Nation’s criminal laws” lie within the “special province of the Executive” (internal quotation marks omitted)); Buckley v. [read post]
30 Jun 2023, 11:24 am by Amy Howe
” More broadly, she continued, “the immediate, symbolic effect of the decision is to mark gays and lesbians for second-class status. [read post]
They say that they have used the markings to trace the rockets to a Kyiv-based non-governmental organization that supports the Ukrainian war effort. [read post]
30 Jun 2023, 8:20 am by Eugene Volokh
The government could require "an unwilling Muslim movie director to make a film with a Zionist message," or "an atheist muralist to accept a commission celebrating Evangelical zeal," so long as they would make films or murals for other members of the public with different messages. [read post]
30 Jun 2023, 7:14 am
Despite the improvement, they are still failing the “S” and “R” elements with 4.9/10 and 2.1/5 respectively, but we believe this will change in the next few years as funds keep maturing.Public pension funds continue to display better marks than sovereigns across the board. [read post]
30 Jun 2023, 7:07 am
., at 335–336 (internal quotation marks omitted).So is "critical mass" something no one believes in anymore? [read post]
30 Jun 2023, 4:00 am by Jim Sedor
The lawsuit by Stephen Richer, the Maricopa County recorder, marks the most aggressive attempt to hold Lake and her allies accountable for election-related misinformation. [read post]
29 Jun 2023, 8:55 am by Lawrence Solum
The constitutionality of punishments is usually judged according to the “evolving standards of decency that mark the progress of a maturing society. [read post]
29 Jun 2023, 7:49 am by Public Employment Law Press
On June 29, 2023 the Supreme Court held that colleges and universities making "admission decisions" that relied, in part, on racial considerations violated the Constitution of the United States. [read post]
29 Jun 2023, 7:49 am by Public Employment Law Press
On June 29, 2023 the Supreme Court held that colleges and universities making "admission decisions" that relied, in part, on racial considerations violated the Constitution of the United States. [read post]
29 Jun 2023, 6:30 am by Guest Blogger
  That continuum is sometimes described by the language of “strong-form” and “weak-form” judicial review, as Mark Tushnet, Rosalind Dixon, and many other comparative constitutional scholars suggest. [read post]
29 Jun 2023, 4:00 am by Guest Blogger
It also struggles to have its employees show up for work, with the average Court Services employee taking 14.5 sick days in 2018 (marked pg. 86), the last year for which data is available. [read post]