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9 Feb 2023, 5:31 pm by Tom Smith
But, Judge Kollar-Kotelly stated, it is “entirely possible that the Court might have held in Dobbs that some other provision of the Constitution provided a right to access reproductive services had that issue been raised. [read post]
17 Jun 2014, 4:23 am by Timothy P. Flynn
§ 875(c) requires proof of the defendant’s subjective intent to threaten, as required by the Ninth Circuit and the supreme courts of Massachusetts, Rhode Island, and Vermont; or whether it is enough to show that a “reasonable person” would regard the statement as threatening, as held by other federal courts of appeals and state courts of last resort.The Virginia v Black case held that a Virginia statute that outlawed cross-burning was overbroad to… [read post]
6 Jan 2013, 11:46 am by Omar Ha-Redeye
We know from Crookes v. [read post]
24 Sep 2009, 9:47 am
 July’s panel decision deferred, 2-1,  to the BIA’s finding that an adult  woman’s father was unlikely  to make good on his vow to have her circumcised because, among other things,  the practice was outlawed in Senegal in 1999 and the State Department reports it is on the wane there. [read post]
2 Jun 2023, 5:36 am by Mary Anne Peck
But with the case hanging in the balance, and the Supreme Court’s decision last year overturning Roe v. [read post]
22 Aug 2011, 11:20 am by Brad Pauley
As we’ve previously mentioned, the Supreme Court has set oral argument in Perry v. [read post]
11 Jun 2016, 10:19 am by David Kopel
The concealed carry ban in the new state of Kentucky was soon ruled unconstitutional in Bliss v. [read post]
22 Mar 2021, 6:24 am by Second Circuit Civil Rights Blog
This ruling vacates a State Supreme Court ruling that held that New York's recent law that intended to outlaw mandatory arbitration in such cases is not preempted by the Federal Arbitration Act.The case is Newton v. [read post]
1 Aug 2012, 8:18 pm by Lawrence Solum
He then argues that principles of federalism would also have discouraged such a result, since they required the court to defer to the stated legislative purpose of the state that had passed the law. [read post]
21 Jun 2010, 8:45 am by Eugene Volokh
(Eugene Volokh) The Court just handed down its decision in Holder v. [read post]