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13 Sep 2022, 6:30 am by Guest Blogger
  I think it is somewhat telling that Jennifer’s caution leads her to try to ask if there are any real defenses for what I find one of the truly indefensible features of the Constitution—the allocation in the Senate of equal voting power by states. [read post]
15 Jun 2014, 1:39 pm by Marty Lederman
  Instead, the initial question on the merits is whether, notwithstanding the absence of any such legal duty, the state nevertheless imposes “substantial pressure on an adherent to modify his behavior and to violate his beliefs," Thomas v. [read post]
5 Aug 2011, 7:16 am by Adam Winkler
In United States v. [read post]
11 Mar 2025, 5:57 am by J. William Leonard
That this critical national security tool is set forth in executive orders is a reflection of the president’s Article II section 2 constitutional authority as “Commander in Chief of the Army and Navy of the United States” and his responsibility for foreign policy. [read post]
27 Oct 2010, 6:17 am by Adam Chandler
Briefly: In the Los Angeles Times, David Savage reports that “[b]ecause of loopholes in tax laws and a weak enforcement policy at the Federal Election Commission,” Justice Kennedy’s prediction of transparency in Citizens United has not come to fruition in this election cycle. [read post]
29 Dec 2011, 6:53 am by Bexis
  Yup, the United States Supreme Court decided two cases on our top ten list on the same day. [read post]
8 Dec 2011, 9:00 am by Michael F. Smith
Briggs (1986) in denying the officers qualified immunity, and whether Malley and United States v. [read post]
19 May 2011, 7:41 am by Neomi Rao
 For example, in Lawrence v. [read post]
23 Jun 2014, 10:19 am by Kevin LaCroix
 The case was closely watched because its outcome had the potential to transform securities class action litigation in the United States. [read post]
18 Nov 2011, 9:03 am by Ronald Collins
Since then, he has been mentioned sixteen times in the pages of the United States Reports in other opinions by the Chief Justice (six more) and Justices Alito, Kennedy, Stevens, Ginsburg, and Souter, in cases touching upon everything from federal jurisdiction and securities law to habeas corpus and Fourth Amendment law. [read post]