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13 Sep 2021, 11:10 am
" Schauer points out that the fact that the Constitution is written does not preclude expansive and flexible interpretations--noting that Chief Justice Marshall suggested as much in McCulloch v. [read post]
13 Sep 2021, 4:22 am by SHG
He began, as so many do these days, with the Supreme Court’s shadow docket decision in Whole Woman’s Health v. [read post]
10 Sep 2021, 9:47 am by Cindy Cohn
Even without serious transparency, we know that those powers and tools have been used for political policing, surveilling activists and immigrants, denying entry to people because of their political stances on social media, and putting entire border communities under surveillance. [read post]
10 Sep 2021, 8:53 am by Josh Blackman
We expect Congress to speak clearly when authorizing an agency to exercise powers of "vast 'economic and political significance.'" Utility Air Regulatory Group v. [read post]
9 Sep 2021, 9:01 pm by Vikram David Amar
(We all remember how a tight timeline affected the quality of judicial work product in complicated election matters in Bush v. [read post]
9 Sep 2021, 4:38 am by SHG
This isn’t because I have no morals, or have anything against people who do, but that it’s not an argument except at its fringes. [read post]
4 Sep 2021, 3:32 am by SHG
How quickly people forget that it’s the fact that the Court is not subject to popular whim that enabled it to decide Brown v. [read post]