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25 Jan 2021, 10:51 am by Guest Blogger
” As we know, Hamilton’s language in Federalist 68 is not dispositive on the generally-understood purpose of the Electoral College at the time. [read post]
25 Nov 2020, 1:05 pm by Kalvis Golde
  Question: Your essay focuses on confirmation battles, specifically the bitter clash over the nomination of Brett Kavanaugh in 2018. [read post]
9 Nov 2020, 10:30 am by Andy Schlafly
California, however, cleverly quotes Justice Brett Kavanaugh’s very recent decision in Barr v. [read post]
7 Oct 2020, 9:01 pm by Neil H. Buchanan
Lindsey Graham whines about what big meanies Democrats were to the completely unhinged Brett Kavanaugh, and Mitt Romney somehow managed to say out loud without laughing that the Supreme Court has been too liberal for too long. [read post]
28 Sep 2020, 9:01 pm by Marci A. Hamilton
Hamilton is the Fels Institute of Government Professor of Practice, and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion at the University of Pennsylvania; the founder, CEO, and Academic Director of the nonprofit think tank to prevent child abuse and neglect, CHILD USA, and author of God vs. the Gavel: The Perils of Extreme Religious Liberty and Justice Denied: What America Must Do to Protect Its Chi [read post]
21 Sep 2020, 2:00 pm by Amy Howe
Although that seat was eventually filled by now-Justice Brett Kavanaugh, Trump reportedly told advisers that he was “saving” Barrett in case Ginsburg stepped down during his presidency. [read post]
16 Sep 2020, 6:30 am by Sandy Levinson
  (The Supreme Court, of course, paid absolutely no attention to Hamilton’s assurances in deciding in July that electors could actually be turned into mindless minions of whoever voted them into office, the one example at the national leve [read post]
4 Aug 2020, 9:01 pm by Michael C. Dorf
Hamilton’s characterization has sometimes been contested. [read post]
3 Aug 2020, 9:01 pm by Marci A. Hamilton
Thanks to President Trump, the Court now has a conservative, religious majority—which is composed of four Catholic men (Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, and Brett Kavanaugh) and Justice Neil Gorsuch, who is apparently Episcopalian. [read post]
11 Jul 2020, 1:30 pm by John Malcolm
Justice Brett Kavanaugh, joined by Justice Neil Gorsuch, concurred in the judgment, but they would have required the district attorney to prove a “demonstrated, specific need” for the sought-after materials, the same standard the court applied in Nixon. [read post]
9 Jul 2020, 10:37 pm by Jeff Richardson
  I've been hearing great Hamilton songs in my head all week. [read post]
7 Jul 2020, 11:35 am by Adam Feldman
Justices Neil Gorsuch’s and Brett Kavanaugh’s rates for voting to overturn precedent should probably be viewed with a grain of salt because their case counts were low relative to those of the other justices. [read post]
6 Jul 2020, 5:54 am by Jed Handelsman Shugerman
On June 29, Chief Justice John Roberts relied heavily on something called “the Decision of 1789” to expand presidential removal powers. [read post]
12 May 2020, 9:00 pm by Austin Sarat
Hamilton thought that the President was more like an ordinary magistrate or maybe the governor of a state.Recently courts have acknowledged the special nature of the presidency in cases dealing with executive privilege. [read post]
12 May 2020, 10:11 am by Marcia Coyle
This constitutional fight over text, history, and original understanding seems tailor-made for the "originalists" among the Justices—Clarence Thomas and Neil Gorsuch, and, to a lesser degree, Brett Kavanaugh. [read post]
28 Jan 2020, 4:39 pm by INFORRM
  In Brett Wilson LLP v Persons Unknown [2015] EWHC 2628 (QB) (see our blog here) Warby J noted that whether financial loss is “serious” must depend upon the context. [read post]