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17 Feb 2016, 9:35 am by Randy Barnett
” Having shaped the theory itself, Scalia then employed it in one of the most important cases of our lifetime: the 2008 case of District of Columbia v. [read post]
19 Mar 2016, 2:40 pm by Jeff Gittins
This proposed change was primarily in response to the Utah Supreme Court's decision in the Southam v. [read post]
24 Jun 2023, 11:25 am by Eugene Volokh
Lorianne Updike Toler (Northern Illinois) on Brackeen back in November, based on her recent University of Chicago Law Review article, The Missing Indian Affairs Clause; now that Brackeen has been handed down, I thought I'd pass along this follow-up: Halaand v. [read post]
10 Dec 2015, 7:13 am by Kate Fort
(emphasis added) And: …even if the 2015 Guidelines were legislative rules, rather than interpretive guidelines that do not mandate state court compliance, the 2015 Guidelines still would not commandeer state entities to comply with its regulations… Just as Congress may pass laws enforceable in state courts, Congress may direct state judges to enforce those laws. [read post]
1 Dec 2009, 6:09 am by Beverley Rogers
A recent New York Times editorial post stated that Congress is considering overturning a court ruling about age discrimination (Gross v. [read post]
8 Feb 2012, 3:59 pm by jleaming@acslaw.org
Evans, where Justice Anthony Kennedy led a majority in finding unconstitutional Colorado’s noxious Amendment 2, a voter passed measure altering the state constitution to prohibit localities from enacting policy protecting lesbians and gay men from discrimination. [read post]