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16 Sep 2020, 6:30 am by Sandy Levinson
  Of course, there is the reality that the Constitution was designed by people who were profoundly antagonistic to the notion of “democracy” inasmuch as that required some genuine faith in the capacity of ordinary people to engage in what Federalist 1 described as “reflection and choice” about how we should in fact be governed. [read post]
9 Sep 2012, 1:42 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]
30 Nov 2017, 8:29 am by Andrew Hamm
United States) “In Defense of Unprincipled Decision Making” (describing Justice William Douglas’ penumbral theory in Griswold v. [read post]
16 Aug 2007, 7:59 pm
His view may be that Adarand and Loving v. [read post]
3 Oct 2019, 9:01 pm by Vikram David Amar
As to privacy, there are indeed provisions of the Constitution—such as the Fourth Amendment—that operate to protect certain forms of privacy; in the Griswold v. [read post]
19 Jun 2009, 2:22 pm
 Oh, important conservatives cracked now and then--Judge Bork waffled on Griswold and Professor McConnell wrote a stunningly honest attempt at an originalist justification of Brown v. [read post]
13 Apr 2017, 8:12 am by Ronald Collins
* * * In 2002, after my wife and I had sufficiently recovered from Bush v. [read post]
18 Jul 2011, 11:21 pm
And yes, the ABC meets with many people and many conversations are private. [read post]
10 Jul 2019, 9:51 am by Eric Goldman
Facebook has 30,000 people (a mix of employees and contractors, if that matters) working on Safety & Security. [read post]
8 Dec 2023, 7:54 am by Josh Blackman
On December 6, the Colorado Supreme Court heard oral argument in Griswold v. [read post]
29 Dec 2022, 9:05 pm by Victoria Hawekotte
Justice Clarence Thomas, however, argued in his concurrence that the Court should reconsider longstanding substantive due process rulings, including Griswold v. [read post]