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16 Feb 2021, 9:01 pm
But because that is not how the law typically defines discrimination, the conservatives’ votes in the COVID-19 cases are probably better viewed as simply providing religious exceptions contrary to the Smith rule.Meanwhile, since Justice Ginsburg’s death and the appointment of Justice Barrett, a majority of the Court has sided with houses of worship challenging COVID-19 restrictions. [read post]
29 Mar 2020, 9:01 pm
The Supreme Court building is now closed to the public and oral arguments have been postponed due to the COVID-19 pandemic, but much of the work of the high court goes on. [read post]
30 Oct 2018, 9:01 pm
When it does, the Reagan revolution on the courts will finally be complete—just in time for liberals and progressives to convert our numerical majority into a governing majority, and thus to begin our own revolution.Follow @dorfonlaw Michael C. [read post]
31 Aug 2021, 9:01 pm
As Justice Ruth Bader Ginsburg wrote for the Supreme Court in a 2007 case, it is a “presumption that United States law governs domestically but does not rule the world. [read post]
22 Apr 2020, 9:01 pm
Joining Justice Gorsuch in the majority were Justices Thomas, Ginsburg, Breyer, Sotomayor, and Kavanaugh, although Justice Thomas did not join any of Justice Gorsuch’s opinion and Justices Sotomayor and Kavanaugh each joined only in part. [read post]
20 Feb 2014, 9:06 am
The following contribution to our contraceptive mandate symposium comes from Michael C. [read post]
28 Mar 2022, 9:01 pm
Although now-Justice Kagan wrote those words in 1995 in reference to the confirmation hearing of the late Justice Ruth Bader Ginsburg, they aptly describe the performance of nearly every nominee of either party in the last several decades.Senators who inquire about a nominee’s judicial philosophy hope to thereby circumvent the pincer defenses. [read post]
6 Oct 2021, 2:31 pm
., and Michael Mukasey] seek leave to file a brief in this case as amici curiae. [read post]
15 Jul 2014, 9:01 pm
Writing for herself and three other dissenters in Hobby Lobby, Justice Ginsburg argued that the majority misconstrued the 2000 amendment to RFRA. [read post]
30 Jan 2024, 9:01 pm
Yet, as Justice Ruth Bader Ginsburg observed in dissent in a 2008 case, the paralytic poses a serious risk to the person being executed, because it can mask the fact that the sedative dose was insufficient to induce unconsciousness. [read post]
14 May 2019, 7:29 am
The post-1968 failure rate (including withdrawn nominees like Harriet Miers and Douglas Ginsburg) is significantly higher. [read post]
16 Nov 2010, 6:27 am
At FindLaw, Michael Dorf analyzes AT&T Mobility LLC v. [read post]
23 Sep 2011, 6:30 pm
” While Professor May ultimately urges courts to grapple with global warming and the harms that it inflicts, Professor Michael B. [read post]
28 Oct 2011, 3:00 pm
Rachlinski (PDF) The Optimism Bias of the Behavioral Analysis of Crime Control – Doron Teichman (PDF) The Origins, Nature, and Promise of Empirical Legal Studies and a Response to Concerns – Theodore Eisenberg (PDF) An Empirical Analysis of Empirical Legal Scholarship Production, 1990–2009 – Michael Heise (PDF) Measuring Maximizing Judges: Empirical Legal Studies, Public Choice Theory, and Judicial Behavior – Joanna… [read post]
9 Jan 2017, 8:38 am
The case arose when police officers Michael Mariscal and Kevin Truesdale, investigating accusations of “road rage” and drunk driving against Daniel Pauly, went to Pauly’s home, where they attempted to speak with him. [read post]
19 Nov 2014, 2:22 am
’” In The Wall Street Journal (subscription required), Michael Greve reviews Overruled: The Long War for Control Over the U.S. [read post]
8 Nov 2011, 3:58 pm
When Obama administration lawyer Michael R. [read post]
25 May 2011, 8:57 am
Lichtman, Michael Meurer, Adam Mossoff, Henry Smith, F. [read post]
6 Sep 2011, 2:08 am
; Michael McCann, University of Washington? [read post]
12 Aug 2014, 4:47 am
In The Economist, Steven Mazie discusses recent comments by Justice Ruth Bader Ginsburg, who in an interview with Katie Couric of Yahoo! [read post]
