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Diversity by diktat: An obscure 1977 OMB memo forms the basis for today’s affirmative-action programs

26 Oct 2022, 3:00 pm by David Bernstein

Chief Justice Warren Burger similarly noted in United Jewish Organizations v. [read post]

United States: Winter is coming: the future of First Amendment analysis, and the prospects for New York Times v Sullivan, after NYSR&PA v Bruen

26 Oct 2022, 6:58 am by INFORRM

In an earlier post on this blog, I considered the potential impact on the First Amendment of Thomas J’s originalist reasoning in the Second Amendment case of New York State Rifle and Pistol Association v Bruen, and found some distinctly chilly zephyrs. [read post]

Inforrm's Blog - https://inforrm.wordpress.com/

The Injustice, Insincerity, and Destabilizing Impact of the SCOTUS Turn to History

25 Oct 2022, 9:01 pm by Michael C. Dorf

For instance, concurring in Citizens United v. [read post]

Verdict - http://verdict.justia.com/

Constructing Basic Liberties: A Meta Review

25 Oct 2022, 6:30 am by Guest Blogger

New York: [The Constitution] is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar, or novel, and even shocking, ought not to conclude our judgment upon the question whether statutes embodying them conflict with the Constitution of the United States…. [read post]

Balkinization - http://balkin.blogspot.com/

The World Turned Upside Down: What’s Up with the Harm Principle?

24 Oct 2022, 6:30 am by Guest Blogger

Wade in Dobbs v. [read post]

Balkinization - http://balkin.blogspot.com/

Carney on the Second Amendment

17 Oct 2022, 4:45 pm by Lawrence Solum

The centerpiece of the legal issue is Justice Scalia’s opinion in District of Columbia v. [read post]

Legal Theory Blog - https://lsolum.typepad.com/legaltheory/

The Week That Will Be

17 Oct 2022, 12:25 pm by William Appleton

Václav Bartuška, the Czech ambassador-at-large for Energy Security.. [read post]

Lawfare - http://www.lawfareblog.com/

Reschedule Watch: Birthright citizenship and torts to members of the armed forces

13 Oct 2022, 6:28 am by John Elwood

United States. [read post]

SCOTUSblog - http://www.scotusblog.com/

A Requirement of Colorblindness in University Admissions is Constitutionally Unjustifiable and Impossible in Practice

12 Oct 2022, 4:30 am by Eric Segall

The phrase "color-blindness" is of course not in the United States Constitution. [read post]

Dorf on Law - http://www.dorfonlaw.org/

The Fifth Circuit Holds That DACA Exceeds Executive Authority

7 Oct 2022, 5:01 am by Peter Margulies

On Oct. 5, the Fifth Circuit held in Texas v. [read post]

Lawfare - http://www.lawfareblog.com/

D. C. Circuit Review – Reviewed: Civic Charity and Judge Silberman

6 Oct 2022, 6:43 am by Thomas B. Griffith

In Washington Alliance of Technology Workers v. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

[Jonathan H. Adler] The Sackett Oral Argument and the Problem of Defining "Waters of the United States"

4 Oct 2022, 3:02 pm by Jonathan H. Adler

The post The Sackett Oral Argument and the Problem of Defining "Waters of the United States" appeared first on Reason.com. [read post]

The Volokh Conspiracy - http://www.volokh.com/

The Most Intimidating Judge I Ever Met: Reflections on Judge Laurence Silberman

3 Oct 2022, 12:53 am by Aaron L. Nielson

And even as a judge, he co-chaired the Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

On the First Monday in October, the Sacketts Head to the Supreme Court a Second Time

2 Oct 2022, 10:26 pm by Richard Frank

United States. [read post]

Legal Planet - https://legal-planet.org/

Walmart Threads the Needle on Separation-of-Powers Remedies

2 Oct 2022, 9:04 pm by Eli Nachmany

Constitution vests the executive power in a President of the United States. [read post]

RegBlog - https://www.theregreview.org/

[Jonathan H. Adler] Will Sackett v. EPA Clarify the Scope of Federal Regulatory Jurisdiction Over Wetlands?

1 Oct 2022, 3:21 pm by Jonathan H. Adler

United States, the Court splintered 4-1-4. [read post]