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17 Nov 2020, 9:01 pm by Sherry F. Colb
It is the state legislatures or Congress that make the law, they liked to say, not a small number of unelected judges. [read post]
17 Nov 2020, 7:40 pm by Linda McClain
Justice Sotomayor pressed Mooppan on “race is special” argument by reasoning by analogy from why the state interest in ending race discrimination is compelling: the stigma created by rejection. [read post]
17 Nov 2020, 5:27 pm by Eugene Volokh
[Nice summary from the National Conference of State Legislatures.] [read post]
Earlier this month, 67 percent of voters voted to legalize marijuana, and the state will permit recreational possession and use of marijuana in 2021. [read post]
17 Nov 2020, 9:22 am by Kate Hirsch
” “One person should not be able to have such a far-reaching impact on our state for so long without the input of the entire Legislature. [read post]
14 Nov 2020, 1:58 pm by Sandy Levinson
  Indeed, I assigned materials across the ideological spectrum, including the so-called "Texas Plan" put forth by Texas Governor Greg Abbott that advocates nine important structural changes--one of them similar to that advocated by Georgetown Law Professor Randy Barnett that would allow state legislatures to nullify federal legislation--and Lloyd Cutler's article from 1980, "To Form A Government," that advocated a number of changes to strengthen what… [read post]
13 Nov 2020, 1:30 pm by Richard Reibstein Esq.
A.B. 5 created a test for independent contractor status that many in that state regard as unattainable to meet, essentially eliminating an overwhelming number of independent contractor positions in that state. [read post]
12 Nov 2020, 9:01 pm by Neil H. Buchanan
”Similarly, the Republican Secretary of State in Georgia has thus far stood up to the bizarre call for him to step down from that state’s two Republican senators, but he might yet do so. [read post]
12 Nov 2020, 11:51 am by Anna Salvatore, Tia Sewell
States with all-time high infection numbers included Indiana, Illinois, North Carolina and Colorado. [read post]
12 Nov 2020, 11:29 am by Robbie Kenney
In spite of Republican opposition, in the summer the Legislature approved up to $9.9 billion in emergency borrowing that avoided constitutionally required voter approval. [read post]
11 Nov 2020, 11:11 pm
Here is the language of Article II, Section 1, clause 2, which has been with us since the original document was ratified in 1789 (with my bold emphasis added):Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under… [read post]
11 Nov 2020, 10:59 am by Benjamin Wittes
And of the two Georgia Republican senators attacking their (Republican) secretary of state, with no basis in fact? [read post]
10 Nov 2020, 9:01 pm by Austin Sarat and Daniel B. Edelman
”We deeply hope that state legislatures will not follow Mark Levin and Donald Trump, Jr. [read post]
10 Nov 2020, 1:36 pm by Kevin Kaufman
Last week, New Jersey’s legislature took the first step towards making recreational marijuana legal when Senator and Majority Whip Nicholas P. [read post]
10 Nov 2020, 12:00 pm by James Esseks
Over the past several years we have seen anti-LGBTQ bills proposed repeatedly in state legislatures. [read post]