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25 Nov 2022, 12:30 pm by John Ross
And in more amicus brief news, IJ is asking an Indiana state trial court put a stop to a troubling new trend: the state—acting through a private prosecutor—conducting civil forfeitures in virtual secrecy by redacting basic information (including the names of the defendants, descriptions of the property being forfeited, and nearly all of the probable-cause affidavit required by state law) on court documents. [read post]
23 Nov 2022, 4:40 am by Michael C. Dorf
ColbIn my Verdict column for this week, I discuss the case of Warger v. [read post]
22 Nov 2022, 5:27 pm by Anna Bower
Joshi replies that the court’s precedent has suggested as much in United States v. [read post]
15 Nov 2022, 9:01 pm by Neil H. Buchanan
There are six extremely vulnerable Democratic senate seats (in red states including Montana, Ohio, and West Virginia, as well as the swing states of Arizona, Nevada, and Pennsylvania), and exactly zero vulnerable Republicans.This presents the possibility that Republicans could, on January 6 two years from now, hold majorities in both chambers when Congress meets to decide whether to certify the Electoral College’s vote. [read post]
15 Nov 2022, 7:15 pm by JP Zanders
In their review of the articles, state parties will have to acknowledge the invocation of Articles V and VI. [read post]
15 Nov 2022, 10:00 am by Liz Hempowicz
While Congress has the exclusive constitutional authority to judge the qualifications of its members (which includes the power to refuse to seat members-elect), states have long used their own power over elections to prevent candidates from appearing on ballots if they are constitutionally ineligible to hold the office they seek (See, for example, Cawthorn v. [read post]
6 Nov 2022, 9:01 pm by Michael C. Dorf
With the exception of college-educated women driven to the polls by the Supreme Court’s recent overruling of Roe v. [read post]
1 Nov 2022, 9:01 am by DONALD SCARINCI
The specific question the Court will decide is” [w]hether the state of Alabama’s 2021 redistricting plan for its seven seats in the United States House of Representatives violated Section 2 of the Voting Rights Act. [read post]
1 Nov 2022, 6:45 am by Lawrence Solum
  Here is the abstract: For anti-abortion activists, the recent decision in Dobbs v. [read post]
31 Oct 2022, 11:40 pm by Josh Blackman
I've now had a chance to review the oral argument in the Students for Fair Admission v. [read post]
30 Oct 2022, 10:01 am by jonathanturley
However, it is a modified comparative negligence state so they must show that they are 50 percent or less at fault. [read post]