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21 Aug 2014, 2:55 pm by Lyle Denniston
The new decision followed the pattern of the widest-ranging recent decisions against same-sex marriage restrictions: * It ruled that the Supreme Court had not already settled the same-sex marriage issue in a one-line summary decision in 1972 (Baker v. [read post]
16 Jan 2015, 12:39 pm by Lyle Denniston
From the point of view of the four states involved in the cases, their lawyers apparently will not be prevented from making arguments on two points to try to help them salvage their bans: first, the Supreme Court settled that issue in a summary ruling in 1972 in the case of Baker v. [read post]
26 Dec 2017, 2:00 am by NCC Staff
The issue made it to the Supreme Court, where Chief Justice Edward White wrote in Wilson v. [read post]
31 Jan 2010, 10:07 pm by David Bernstein
So I don't see the Progressives as principled supporters of judicial restraint, but as consistent supporters of government regulation of virtually all aspects of human life, from limiting how many hours a baker could work, to banning private schools, to segregating housing [Progressive law review commentary was especially hostile to Buchanan v. [read post]
27 Dec 2010, 6:39 pm by David Bernstein
They also distorted the Court’s actual record, on the one hand portraying a much more “activist” Court than the actual historical records supports, and on the other counter-factually separating the Court’s “good” due process decision, such as Pierce v. [read post]
14 Jun 2012, 3:00 am
  Although a demand for retroactivity of wages and benefits is generally a mandatory subject of negotiations under the Act and arbitrable under §204.9(g) of the Act, the Association asserted that the joint employer’s proposal was prohibited based upon the rationale in the Appellate Division, Third Department’s decision in Baker v Board of Education, Hoosick Falls Central School District, 3 AD3d 678, 37 PERB ¶7502 (3d Dept 2004). [read post]
4 Dec 2017, 8:48 am by Lyle Denniston
Gay rights advocacy groups sought to turn the case into a broad reaffirmation of their victory for marriage equality, and they argued that the historic decision in Obergefell v. [read post]