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21 Sep 2022, 6:30 am by Guest Blogger
The court did recently have an opportunity, however, to demonstrate whether there is any daylight between its thinking and Scalia’s Heller opinion. [read post]
12 Sep 2022, 6:30 am by Guest Blogger
 Jeanne Sheehan ZainoOn the Sanctity of the ConstitutionThe seven most important words in American history, “We the people of the United States,” were written by Gouverneur Morris. [read post]
9 Sep 2022, 3:30 pm by Eugene Volokh
Further complicating the issue is the fact that, in his opinion for the United States Supreme Court in Dist. of Columbia v. [read post]
21 Aug 2022, 9:10 am by Ilya Somin
  For example, a clear statement is needed before a statute is read to interfere with a state's internal governance (Gregory v. [read post]
9 Aug 2022, 4:30 am by Eric Segall
He also expressly joined Justice Scalia's dissenting opinion analogizing homosexual conduct to bigamy, incest, and prostitution.In both United States v. [read post]
4 Aug 2022, 7:30 am by Dan Farber
When it passed the Clean Water Act, Congress redefined the term to mean “waters of the United States. [read post]
3 Aug 2022, 6:30 am by Guest Blogger
  In Federalist No. 2, John Jay, writing of course as Publius, asserted that the Constitution had to be ratified, or else the unity of the United States, such as it was, would be lost. [read post]
2 Aug 2022, 12:10 pm by Lawrence Solum
  Thus, the communicative content of the First Amendment seems to limit its effect to actions by "Congress" (referring to the Congress of the United States), but First Amendment doctrine applies to executive and judicial actions. [read post]
28 Jul 2022, 12:33 pm by Josh Blackman
United States, courtesy of Stephen Hallbrook: In 2015, the Green Bag published a letter from Ira Brad Matetsky of New York, that highlighted a remarkable fact--the Supreme Court journal recorded Scalia's beard! [read post]
12 Jul 2022, 10:07 am by Josh Blackman
See Brief for United States as Amicus Curiae 24 (Brief for United States); see also Brief for Equal Protection Constitutional Law Scholars as Amici Curiae. [read post]
10 Jul 2022, 6:30 am by Sandy Levinson
”  Does anyone expect those who disagree with us regarding any truly important “legal issue” to be persuaded by what Antonin Scalia dismissively termed the “argle bargle” of standard-form legal argument? [read post]