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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]
7 Jul 2020, 6:30 am by JB
Hodges: A Critical Introduction, on SSRN. [read post]
30 Jun 2020, 2:51 pm by Jane S. Schacter
” Perhaps most significantly, he pointedly notes that “[n]either party has asked us to reassess the constitutional validity” of Casey’s undue burden test, suggesting that Casey and what remains of Roe v. [read post]
16 Jun 2020, 6:30 am by Guest Blogger
McClain reminds us that under this “Mrs. [read post]
15 Jun 2020, 3:27 pm by Jane S. Schacter
Kennedy wrote Romer v Evans (striking down a ballot measure broadly banning gay civil rights protections); Lawrence v Texas (striking down a criminal ban on consensual sodomy); United States v Windsor (striking down the federal Defense of Marriage Act); and Obergefell v Hodges (striking down bans on same sex marriage). [read post]
15 Jun 2020, 2:43 pm by Ilya Somin
Hodges (2015), the same-sex marriage case in 2015 (which is not to say that Gorsuch got the idea from us). [read post]
15 Jun 2020, 10:42 am by Charla Bizios Stevens
Hodges) in the annals of US Supreme Court history as the Court on June 15, 2020 issued its decision in the case of Bostock v. [read post]