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Much of the evidence I discuss here has been ignored or overlooked in the existing scholarship on Section Three, and most of it does not appear in any of the briefs in Trump v. [read post]

Balkinization - http://balkin.blogspot.com/

The Four Constitutional Narratives of the Taft Court

17 Feb 2024, 6:30 am by Guest Blogger

Modern originalists are leapfrogging over the Taft era to resurrect an older, anti-Federalist tradition of strict construction and textualism that dates back to Spencer Roane and John Taylor’s response to McCulloch v. [read post]

Balkinization - http://balkin.blogspot.com/

Domingo Amuchastegui, "Nuestra Derrota" ["Our Utter Deafeat"]; The Sweeping Away of Cuba's Socialist Path

16 Feb 2024, 5:44 pm

Indeed, even at this stage in its disintegration, the Cuban political-economic system (the most vibrant and mellifluous part of which are its theory and its discursive tropes), one might still revive something that is coming close to being a political corpse with something like socialist-communist respectability and a Leninist political architecture--acceptable enough, at least for the Europeans. [read post]

Law at the End of the Day - https://lcbackerblog.blogspot.com/

[Ilya Somin] New Article on "The Constitutional Case Against Exclusionary Zoning"

16 Feb 2024, 9:39 am by Ilya Somin

Exclusionary zoning is permitted under Euclid v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

The Taft Court and America’s Jurisprudence of Reaction

16 Feb 2024, 7:00 am by Guest Blogger

Bell as well as the anti-miscegenation statute at issue in Loving v. [read post]

Balkinization - http://balkin.blogspot.com/

Multiple Threats Converge to Heighten Disinformation Risks to This Year’s US Elections

15 Feb 2024, 11:41 pm by Lawrence Norden

” That case, now styled Murthy v. [read post]

Just Security - https://www.justsecurity.org/

A User’s Guide to Trump v. Anderson, Addendum II: The Justices’ Principal Concern at Oral Argument, and the Possibility of a Federalism-Based Resolution

15 Feb 2024, 3:33 pm by Marty Lederman

Bose Corp. v. [read post]

Balkinization - http://balkin.blogspot.com/

Philadelphia’s Gilded Age Medievalist: Henry Charles Lea

15 Feb 2024, 9:32 am by Nathan Dorn

On the one hand, he realized that how people perceive right and wrong can and does change from place to place and from age to age. [read post]

In Custodia Legis - http://blogs.loc.gov/law

Comments on Robert Post’s Supreme Court History of the Taft Court, Part IV, The Taft Court as an Institution

15 Feb 2024, 6:30 am by Guest Blogger

Ct. 1731, 1755 (2020) (Alito, J., dissenting) (statutory words “mean what they conveyed to reasonable people at the time they were written” (citation omitted)); Kisor v. [read post]

Balkinization - http://balkin.blogspot.com/

People v. Paul (Cal. Ct. App. - Feb. 14, 2024)

14 Feb 2024, 1:12 pm

They engaged him in polite conversation, just like anyone else. [read post]

California Appellate Report - http://calapp.blogspot.com/

US House of Representatives holds hearing on judicial security as Marshals report increase in threats against judges

14 Feb 2024, 9:40 am by Rebekah Yeager-Malkin | U. Pittsburgh School of Law, US

Davis attributed the rise to social media and politicization, telling Reuters: The threat environment right now that is causing me concern is when people disagree with the judicial process or the government, and that turns into those verbal attacks. [read post]

JURIST - Paper Chase - https://www.jurist.org/news/

Why Was Taft a Better Chief Justice than President?

14 Feb 2024, 6:30 am by Guest Blogger

” [34] There were still cases like Brown v. [read post]

Balkinization - http://balkin.blogspot.com/

SEC Rulemaking and Litigation in Chair Gensler’s First 1000 Days

13 Feb 2024, 9:05 pm by renholding

Supreme Court in West Virginia v. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/