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20 Jul 2022, 7:37 pm by Josh Blackman
Unlike Roe and Casey, Obergefell was largely accepted without a backlash. [read post]
20 Jul 2022, 5:29 am by Josh Blackman
To the contrary, a legitimate Court must decide, and even overrule cases without regard for popular sentiments. [read post]
17 Jul 2022, 9:05 pm by Stephen M. Bainbridge
Menell, Restatements of Statutory Law: The Curious Case of the Restatement of Copyright, 44 Colum. [read post]
15 Jul 2022, 5:00 am by jonathanturley
The court stated that, “Abortion is fundamentally different, as both Roe and Casey acknowledged. [read post]
13 Jul 2022, 5:00 am by Alicia Ely Yamin
In Karen Llantoy’s case, there was incompleteness around both substance and process. [read post]
12 Jul 2022, 10:07 am by Josh Blackman
Bray, a post-Casey case, was written by Justice Scalia. [read post]
11 Jul 2022, 11:01 am by Eugene Volokh
" were Up to 9 months [10%] Up to 23 weeks [18%] Up to 15 weeks [23%] Up to six weeks [12%] Only in cases of rape and incest [37%] The strong national majority thus appears to be both pretty far removed from Roe and Casey (which would have allowed abortions until about 23 weeks or later), which only get 28% support (including the up-to-9-months respondents), and from total bans, which only get 37% support. [read post]
11 Jul 2022, 8:30 am by JB
The Justices may read these decisions narrowly or refuse to extend them in later cases. [read post]
11 Jul 2022, 4:06 am by SHG
(In fact, he has swung infrequently and rarely on pivotal cases.) [read post]
10 Jul 2022, 6:30 am by Sandy Levinson
The events of the past month, including, most notably, the Dobbs case reversing Roe, has exposed the hollowness of the hope that what used to be called “reasoned elaboration” would, as somewhat pathetically asserted in the famous plurality opinion in Casey in by Justices O’Connor, Kennedy, and Souter, bring the national debate to an end because the Supreme Court, had, after all, issued its ukase. [read post]
9 Jul 2022, 5:04 pm by Melody McDonald Lanier
Here’s a look at some other trials in which the jury was sequestered or partially sequestered: Derek Chauvin Amber Guyer Casey Anthony George Zimmerman Do you think jury sequestration is a good or bad idea? [read post]
8 Jul 2022, 8:30 am by JB
Justice Kennedy the co-author of Casey, was in the majority, and Chief Justice Rehnquist cited Casey as an example of a decisions consistent with his general approach. [read post]