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9 Sep 2014, 9:01 pm by Michael C. Dorf
First, following a strategy laid out in the Windsor dissent of Chief Justice John Roberts, they point to language in the majority opinion in that case reaffirming the state’s traditional role in defining marriage. [read post]
28 Feb 2018, 4:13 am by Edith Roberts
Michael Chou and Marissa Rivera preview the case for Cornell Law School’s Legal Information Institute. [read post]
21 Jun 2019, 8:27 am by Michael Stokes Paulsen
Michael Stokes Paulsen is Distinguished University Chair and Professor at the University of St. [read post]
16 Feb 2020, 9:01 pm by Michael C. Dorf
There, in an opinion by Chief Justice John Roberts, the Court invalidated Section 4 of the Voting Rights, which identified specific state and local governments for special scrutiny before they could adopt changes to their voting laws with a potential racially disparate effect. [read post]
18 Jun 2023, 9:01 pm by Michael C. Dorf
Indeed, some Roberts Court rulings construe the Appointments Clause in ways that rely on a version of the unitary executive theory. [read post]
20 Nov 2022, 9:01 pm by Michael C. Dorf
Indeed, for that reason, the Justices in the Dobbs majority who were on the Court in 2015—Roberts, Thomas, and Alito—all dissented in Obergefell. [read post]
9 Nov 2020, 9:01 pm by Michael C. Dorf
Five Justices in 2012 thought that Congress lacked the authority to impose a purchase mandate under its power to regulate interstate commerce, but a different five Justices (with Chief Justice Roberts providing the swing vote) said that the mandate was nonetheless valid as a conditional exercise of the power to tax. [read post]
20 Dec 2018, 9:01 pm by Michael C. Dorf
Chief Justice Roberts and the Court’s four Democratic appointees concluded that the mandate fell within the power of Congress to tax, because the mandate was enforced by a tax. [read post]
7 Mar 2017, 9:01 pm by Michael C. Dorf
”Dissenting from the Supreme Court’s decision finding a constitutional right to same-sex marriage, Chief Justice Roberts expressed a similar worry to the one that animated the Brown II Court. [read post]
23 Apr 2013, 9:01 pm by Michael C. Dorf
  But the Court’s conservative majority—in an opinion by Chief Justice Roberts—appeared to rest the decision on a sweeping categorical rule: Plaintiffs have no right to sue under the Alien Tort Statute (ATS) for conduct occurring within the territory of a foreign sovereign. [read post]
14 Aug 2022, 9:18 am by Eric Goldman
Michael Flynn’s family sued CNN for implying that they are QAnon followers. [read post]
24 Jun 2015, 7:27 pm by Schachtman
Green, Bendectin and Birth Defects: The Challenges of Mass Toxic Substances Litigation (1996). [2] Robert Brent, “Editorial comment on comments on ‘Teratogen Update: Bendectin’,” 31 Teratology 429 (1985); Kenneth S. [read post]
22 Jun 2022, 6:00 am by Elin Hofverberg
Interestingly, the island lies along the route taken by Commander Robert E. [read post]