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11 Jul 2022, 4:00 am by Guest Blogger
Early this year, Justice Little of the Federal Court released the much-awaited decision in Ocran v. [read post]
10 Jul 2022, 6:30 am by Sandy Levinson
  There is, therefore, remarkably little in this book that gives aid and comfort to those identified as contemporary American “conservatives. [read post]
8 Jul 2022, 4:00 am by Will Baude
Justice Thomas of course questioned this power in Gonzales v. [read post]
7 Jul 2022, 9:36 pm by Josh Blackman
Instead, he scribbled a feeble distinction on that little slip of paper inside a fortune cookie. [read post]
7 Jul 2022, 5:20 pm by Joseph Fishkin
I think the politics of filibuster carve-outs are actually not a bad place to engage in some of that rethinking—not a bad place for Senators to begin to reclaim a little bit of their own essential role in interpreting the Constitution. [read post]
7 Jul 2022, 2:05 pm by INFORRM
There being two legitimate aims, the next question was whether the restriction was proportionate to them; the means chosen to achieve those aim must (a) be rationally connected to the objective and not be arbitrary, unfair or based on irrational considerations, (b) impair the right as little as possible, and (c) be such that their effects on rights are proportional to the objective … (Murphy v IRTC [46] (Barrington J), following Heaney v… [read post]
7 Jul 2022, 10:34 am by Amy Howe
The fall of Roe Against this backdrop, there seemed to be little doubt after the Dec. 1 oral argument in Dobbs v. [read post]