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19 Jun 2023, 11:15 am by Marcia Coyle
Justice Thomas argued that Congress’ spending power is “no more than a disposition of funds” and FNHRA does not secure rights by law. [read post]
19 Jun 2023, 6:30 am by Guest Blogger
It was famously rejected in McCulloch v. [read post]
19 Jun 2023, 6:00 am by Guest Blogger
Lorianne Updike Toler The Supreme Court announced its decision in Haaland v. [read post]
18 Jun 2023, 9:00 pm by Michael C. Dorf
DorfMy latest Verdict column examines the all-but-endorsement of the unitary executive theory by Justices Thomas, Kavanaugh, and Barrett in Friday's SCOTUS decision in United States ex rel Polansky v. [read post]
14 Jun 2023, 11:00 pm
DEATH PUTS A STOP TO EVERYTHINGIn Thomas v. [read post]
14 Jun 2023, 6:30 am by Sandy Levinson
  That suggestion was found in the far more hot-headed draft of the Kentucky Resolution prepared secretly by then-Vice President Thomas Jefferson. [read post]
12 Jun 2023, 5:31 am by Will Baude
Talevski is an interesting case about causes of action to enforce legislation adopted under Congress's spending power, and prompted an especially interesting dissent from Justice Thomas about the basis and nature of the spending power that I commend to students of structural constitutional law. [read post]
8 Jun 2023, 11:03 pm by Howard M. Wasserman
Justice Clarence Thomas wrote a 36-page solo dissent, arguing that the court’s jurisprudence has ignored a fundamental distinction between Congress’s exercise of sovereign legislative powers and its power to spend money and attach conditions to the receipt of that money. [read post]
8 Jun 2023, 6:30 pm by Dennis Crouch
  This is a powerful boon to those already in power. [read post]
8 Jun 2023, 3:36 pm
At least in the context of numbers of one race v. another race in a district, regardless of the shape of the district, states may have to take into account the total percentage of a minority and make sure their redistricting does not dilute that race's voting power. [read post]
8 Jun 2023, 2:30 pm by Josh Blackman
The post Justice Thomas's Dissent in Health and Hospital Corp. of Marion County v. [read post]