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The overbreadth doctrine is “strong medicine,” and has a tendency, as Justice Antonin Scalia noted in United States v. [read post]
The SmithKline panel instead decided that Witt’s rational-basis-review approach is inconsistent with—and thus no longer binding because of—the Supreme Court’s ruling in United States v. [read post]
5 Dec 2022, 4:29 pm by Mark Walsh
”Meanwhile, Justice Neil Gorsuch presses Colorado Solicitor General Eric Olson about the state’s treatment of Phillips (though Gorsuch initially refers to him as “William Jack”). [read post]
3 Jul 2018, 5:32 am by Andrew Hamm
United States, in which the justices held 5-4 that the government ordinarily needs a warrant to access historical cell-site location information. [read post]
17 Nov 2018, 12:10 pm by Schachtman
Indeed, their brief in other places states their opinion that significance testing is not necessary at all: “Testing for significance, however, is often mistaken for a sine qua non of scientific inference. [read post]
20 Jul 2018, 3:16 pm by Orin Kerr
The first case is United States v. [read post]
31 May 2011, 12:00 pm
United States, 174 U. [read post]
2 Jan 2024, 11:51 pm by Steven Calabresi
United States, so it is hard to be wildly enthusiastic about any of them. [read post]
3 Aug 2018, 4:24 am by Edith Roberts
Securities and Exchange Commission, in which the court held that SEC administrative law judges are “officers of the United States” who have to be appointed by the president, a court or a department head, which Williams calls “a step in the process of unraveling the administrative state. [read post]
12 Mar 2012, 8:13 am by Ronald Collins
Brewer, The United States a Christian Nation (1905) Louis Dembitz Brandeis, The Jewish Problem, How to Solve It  (1915 & 1919) William H. [read post]
8 Mar 2013, 7:05 am by Allison Trzop
  Looking ahead to oral arguments in United States v. [read post]
7 Jul 2020, 11:35 am by Adam Feldman
United States, which discussed reasons for a less strict adherence to the court’s past decisions, as an example of a theory deserving of addition scholarly and legal scrutiny. [read post]
7 Jul 2014, 2:07 pm
Time, Inc., 468 U.S. 641 (1984), this Court struck down a statutory provision that limited photographic reproductions of United States currency, but exempted reproductions “for philatelic, numismatic, educational, historical, or newsworthy purposes to content that was educational or newsworthy. [read post]
28 Jul 2022, 1:26 pm by Jake S. Truscott and Adam Feldman
Harper (concerning the controversial “independent state legislature” theory of election law), United States v. [read post]