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6 Mar 2018, 9:30 pm by Dan Ernst
Onuf) is “Most Blessed of the Patriarchs”: Thomas Jefferson and the Empire of the Imagination (Liveright Publishing, 2016). [read post]
5 Mar 2018, 6:50 am by JB
   But it doesn't make them originalists from the standpoint of constitutional theory, nor does it mean that originalism as a theory has gained a new set of converts.Conversely, if one is an originalist as a matter of constitutional theory, like, say Justices Thomas, Gorsuch, or Scalia, there is absolutely no problem in making arguments that have nothing to do with originalism in the ordinary run of constitutional cases, as long as the arguments are otherwise consistent with… [read post]
5 Mar 2018, 6:50 am by JB
   But it doesn't make them originalists from the standpoint of constitutional theory, nor does it mean that originalism as a theory has gained a new set of converts.Conversely, if one is an originalist as a matter of constitutional theory, like, say Justices Thomas, Gorsuch, or Scalia, there is absolutely no problem in making arguments that have nothing to do with originalism in the ordinary run of constitutional cases, as long as the arguments are otherwise consistent with… [read post]
12 Jan 2018, 8:19 am by MBettman
Case Background Kristen Elliott-Thomas (“Elliot-Thomas”) sued two attorneys, David Kane Smith and David Hirt, (“Board Counsel”) and two Warren City School District Board of Education members, Regina Patterson and Rhonda Baldwin-Amorganos (“Board Members”) for tortious interference with evidence. [read post]
11 Jan 2018, 10:49 am by David Ruiz
., Thomas Massie, Andy Biggs, Warren Davidson, Mark Sanford, Steve Pearce, Scott Perry, Sheila Jackson Lee, Alex Mooney, Paul Gosar, David Schweikert, Louie Gohmert, Ted Yoho, Joe Barton, Dave Brat, Keith Ellison, Lloyd Doggett, Rod Blum, Tom Garrett Jr., Morgan Griffith, Jim Jordan, Earl Blumenauer, Ro Khanna, Beto O’Rourke, Todd Rokita, Hank Johnson, Blake Farenthold, Mark Pocan, Dana Rohrabacher, Raúl Grijalva, Raúl Labrador, Peter Welch, Tom McClintock,… [read post]
11 Dec 2017, 3:08 am by Scott Bomboy
Chief Justice Warren Burger allowed the crèche to stay at the exhibit. [read post]
7 Dec 2017, 1:34 pm by Jon Levitan
Kagan came to realize that Ewald’s academic prowess proved “Senator Warren right, as she always is. [read post]
17 Oct 2017, 8:06 am by Bill
Simmons seems to be a reasonable extension of Chief Justice Warren's reasoning in Trop v. [read post]
6 Sep 2017, 9:01 pm by Neil H. Buchanan
This would mean having the Democrats agree to approve “highly qualified” right-leaning judges whom the Republicans approved.And even on the usual under-the-radar matters like cabinet and sub-cabinet appointments, Clinton would have been under pressure not to make people like Elizabeth Warren the Attorney General or Bernie Sanders the Secretary of the Treasury.In fact, it is very easy to imagine that Clinton would have agreed to appoint Republicans to half of her cabinet… [read post]
28 Aug 2017, 6:27 am by Will Baude
Although appeals to the framers were a common trope in judicial rhetoric in prior periods, by the time originalism began to crystalize as an “ism,” it was largely a program of resistance against what conservatives saw as the excesses of the Warren Court and, to the extent that the Burger Court built on or failed to cut back on the work of the Warren Court, the Burger Court as well. [read post]