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6 Apr 2021, 12:34 am by Josh Blackman
[Justice Thomas highlighted an under-appreciated aspect of Justice John Marshall Harlan's dissent] Justice Thomas concurred in the Court's denial of cert in Biden (formerly Trump) v. [read post]
5 Apr 2021, 7:34 pm by Tom Smith
Thanks to the Trump White House and Mitch McConnell’s Senate, there is now a 6-to-3 conservative majority on the Supreme Court, vetted by conservative legal activists and committed to principles of constitutional interpretation that seem to require sweeping Roe v. [read post]
5 Apr 2021, 6:30 am by Guest Blogger
The philosopher John Locke had characterised the power to determine a state’s international relations as the ‘federative’ function of the state, distinct from its three domestic functions (of execution, legislation, and adjudication). [read post]
31 Mar 2021, 9:27 pm by David Kopel
State of Hawaii complements the Circuit's en banc from five years earlier, Peruta v. [read post]