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3 Nov 2020, 5:42 am
As state courts and officials in Pennsylvania, North Carolina, Minnesota, Texas and elsewhere modify state election rules to accommodate the unprecedented challenges that COVID-19 has presented, some argue that their actions are unconstitutional.[2] Justice Amy Coney Barrett has not yet weighed in on the issue, and the remaining Justices appear to be evenly divided.[3] As an originalist matter, the Supreme Court should stay out of these cases. [read post]
2 Nov 2020, 9:01 pm
Wade that Trump hopes he has secured by appointing three extreme anti-abortion conservatives to the Supreme Court (Justices Gorsuch, Kavanaugh, and Barrett). [read post]
2 Nov 2020, 9:00 pm
On the night of July 6, 1988, Mexico was on the verge of the unthinkable. [read post]
2 Nov 2020, 7:21 pm
The doctrine has been severely criticized by legal scholars (including co-blogger Will Baude), and by Supreme Court justices as varied as Clarence Thomas and Sonia Sotomayor. [read post]
2 Nov 2020, 10:10 am
Claiborne Hardware Co. (1982), forbids liability for speech-related activity that negligently causes a violent act unless the defendant specifically intended that the violent act would result. [read post]
2 Nov 2020, 9:48 am
Although Justice Amy Coney Barrett joined the court last week, she did not participate in the conference; a statement from a Supreme Court spokeswoman indicated that Barrett sat out the conference to give her more time to prepare for oral arguments. [read post]
2 Nov 2020, 8:15 am
Claiborne Hardware Co., which limited the NAACP’s liability for a nonviolent protest that it organized. [read post]
2 Nov 2020, 5:53 am
Today the Supreme Court will hear oral argument for the first time since the confirmation of Justice Amy Coney Barrett. [read post]
30 Oct 2020, 11:41 am
Amy Coney Barrett’s Judicial Philosophy Doesn’t Hold Up to Scrutiny By Angus King Jr., United States Senator, Maine and Heather Cox Richardson, Professor of History, Boston College Angus King Jr. and Heather Cox Richardson argue against originalism—the method of legal interpretation that favors interpreting the Constitution or laws based strictly on their original meaning—and for an interpretative philosophy that looks to the ideals and intent of the Constitution,… [read post]
30 Oct 2020, 11:06 am
Barrett dissented from the 7th Circuit’s decision upholding a preliminary injunction against the rule. [read post]
29 Oct 2020, 9:02 pm
We are used to thinking that the unfairness of the Electoral College arises from its over-weighting of Republican-leaning states, which is caused by each state’s receiving two extra votes (mirroring the undemocratic tilt of the Senate), but it goes beyond that.Just as we learned to our surprise that the Senate can sit on a Supreme Court nomination for as long as the majority leader wishes, we have recently learned that Trump’s legal team has been putting together strategies that go far… [read post]
29 Oct 2020, 11:30 am
The complaint quotes from a 2005 report prepared by the Commission on Federal Election Reform, which was co-chaired by former President Jimmy Carter and former Secretary of State James A. [read post]
28 Oct 2020, 9:01 pm
Yet another case last week involved a lower federal court challenge brought by Republicans in North Carolina to contest a similar decision by the North Carolina State Board of Elections.The Meaning of the Word “Legislature” in Article I (and Article II)The theory the challengers invoke in these cases and cases like them is that state courts (and agencies) are usurping the authority that the Constitution gives to the “Legislature” of each state to regulate federal elections.In… [read post]
28 Oct 2020, 6:36 am
The conflict around the suitability of Amy Coney Barrett, then, reflects the way law is now understood as the expression of a striving for (eternal?) [read post]
27 Oct 2020, 9:01 pm
To compensate for those two would require the addition of four new seats—two to cancel out the votes of the current occupants (Justices Gorsuch and Barrett) and two more to substitute for the ones to which Democratic appointees would have been entitled. [read post]
27 Oct 2020, 12:51 pm
She has served as co-counsel on amicus briefs pertaining to some of the cases discussed in this article. [read post]
24 Oct 2020, 8:26 am
Stewart Baker released the latest episode of the Cyberlaw Podcast, which features a conversation with University of Toronto Professor Ronald Deibert about his new book, “Reset: Reclaiming the Internet for Civil Society”: Lorenzo d’Aubert and Eric Halliday discussed Judge Amy Coney Barrett’s prior rulings on national security issues. [read post]
22 Oct 2020, 9:01 pm
In the UK, they involved Holland & Barrett, Rude Health Food, Lidl GB, The Paleo Foods Co. [read post]
20 Oct 2020, 1:16 pm
We reviewed several of Barrett’s writings from her time on the U.S. [read post]
20 Oct 2020, 12:25 pm
Any such litigation, of course, is likely to ultimately end with the Supreme Court, where the confirmation of Amy Coney Barrett—and her decision as to whether she is obligated to recuse herself from 2020 election matters—may prove instrumental in determining the outcome. [read post]