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4 Apr 2024, 6:32 am
The Federalist-packed Marshall Court had an arguably partisan agenda too. [read post]
22 May 2023, 4:00 am
" That assertion echoes Justice Alito's November 2020 speech at the Federalist Society national convention in which he called COVID-related government actions "previously unimaginable restrictions on individual liberty," adding: "We have never before seen restrictions as severe, extensive and prolonged as those experienced for most of 2020. [read post]
16 Jun 2020, 8:00 am
Beth probably has beliefs about what is just and unjust, good or bad, for society; it's likely that these beliefs affect how Beth decides cases. [read post]
26 Mar 2019, 7:29 am
I do not think one needs to delude oneself about how conservative the Chief Justice is to also recognize those differences—and to appreciate that he cares about the Court’s broad public legitimacy and not just its legitimacy in the eyes of the Republican Party and the Federalist Society, whose events—to his credit—he does not attend. [read post]
17 Oct 2024, 11:30 pm
On October 25, I am travelling to an originalism conference at the University of Florida sponsored by the Federalist Society and attended by judges of the Florida federal district courts, the entire Florida supreme court, and several Eleventh Circuit judges, including keynote speaker Judge Bill Pryor, whom I have severely criticized in writing and in public. [read post]
17 Jun 2022, 12:40 pm
By the way, Kavanaugh's defeat/withdrawal would simply have led to Amy Coney Barrett being nominated and confirmed in his place; and if in that alternative timeline Ruth Bader Ginsburg had still died prior to the 2020 election, someone else on the Federalist Society's short list would have been installed on the court. [read post]
3 Nov 2022, 7:48 am
Again, the Court disclaimed any reliance on policy concerns to justify its conclusions.Many Federalist Society lawyers, law professors and judges have doubled down on the importance of history and original meaning to constitutional interpretation, claiming that originalism is the sole tool judges ought to use to decide constitutional cases. [read post]
11 Sep 2018, 9:39 am
None of these had a presence on Flight 93 because, in a free society, professional law-enforcement and military personnel cannot be everywhere. [read post]
22 May 2018, 7:20 am
He passed along an observation from Leonard Levy that inspires him and helps to explain my interest in the state courts and state constitutional law: "[A] society reveals itself in its law and nowhere better than in the reports of the decisions of the state courts. [read post]
6 Sep 2023, 11:44 pm
Will Baude and Michael Stokes Paulsen, two prominent law professors affiliated with the Federalist Society, argued recently from an originalist perspective—in the rare law review article to truly break through into mainstream media discussion—that Donald Trump similarly engaged in an insurrection by attempting to block the orderly transition of power, and that he too should therefore be barred under 14.3 from holding future federal office, including the presidency. [read post]
8 Jul 2022, 10:04 am
Buchanan Yesterday, I discussed the Dobbs opinion (overturning Roe) not by going back over the now-familiar ways in which it is an embarrassing piece of legal hackwork but by asking how anyone could sign their names to it -- in particular, the supposed elite conservative legal minds that the Federalist Society has been honing and hyping for years.The short version of that column was: "This was the biggest game of their lives, but they didn't bother to bring… [read post]
22 Feb 2016, 11:42 am
This split among conservative intellectuals is well known, and is typified by the Federalist Society Rosenkranz debate a few years back between J. [read post]
21 Nov 2019, 6:30 am
As Eric Foner notably points out, Republican opponents of slavery had a constitutional commitment to a free labor society. [read post]
5 Oct 2018, 1:30 pm
New on the podcast: a special live edition recorded at UNC law school at the invitation of UNC's Federalist Society chapter and featuring Chris Brook of the ACLU of North Carolina and IJ's very own Justin Pearson. [read post]
11 Jun 2018, 8:35 pm
After it was first announced, I debated one of the lawsuit's proponents, Wisconsin Solicitor General Misha Tseytlin, in this Federalist Society teleforum. [read post]
26 Oct 2018, 1:30 pm
New on the podcast: A special Fifth Circuit extravaganza recorded before a live student audience at the University of Texas School of Law in Austin at the invitation of the UT chapter of the Federalist Society. [read post]
25 Sep 2024, 4:00 am
" If we follow Justice Douglas in his next step, these zones would then add up to an independent right of freedom, which is to say, a general constitutional right to be free of legal coercion, a manifest impossibility in any imaginable society.A consistent talking point at Federalist Society conferences and among constitutional conservatives over the last forty years has been the alleged absurdity of the penumbras and emanations language in Griswold. [read post]
7 Jul 2022, 9:00 am
And again, they are the purported cream of the Federalist Society's crop. [read post]
16 Nov 2023, 4:00 am
Lather; rinse; repeat.Supreme Court Justices who have been to numerous Federalist Society conventions at which conservative legal scholars talk about original public meaning have no excuse for slipping back and forth between original public meaning and original intent. [read post]
5 Feb 2018, 8:51 am
Law impairing the Obligation of Contracts"), described by Federalist No. 44 as a "constitutional bulwark in favor of ... private rights"? [read post]
