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28 Nov 2022, 10:00 pm
The Smiths and Judge Moore were certainly trailblazers, paving the way for legal precedent supporting the LGBTQ+ community for years to follow.The full text of the decision can be found here: Smith v Avanti. [read post]
28 Nov 2022, 3:42 pm by Rick Hasen
The following is a guest post from Ethan Herenstein of the Brennan Center: In their reply brief defending the independent state legislature theory (ISLT), the petitioners in Moore v. [read post]
23 Nov 2022, 7:55 am by Rick Hasen
I noted on the blog the other day that the state of Georgia, after losing in the state court of appeals, declined to appeal further the ruling that Georgia law allows counties to set Saturday as a day of early… Continue reading The post If Petitioners Get Their Way in Moore v. [read post]
21 Nov 2022, 2:18 am by INFORRM
The bill would introduce new powers to deal with serious disruption caused by protesters, including allowing the Secretary of State to bring civil proceedings against campaigners. [read post]
20 Nov 2022, 9:00 pm by Vikram David Amar
(For more evidence of lawyerly shabbiness in earlier stages of Moore v. [read post]
20 Nov 2022, 9:53 am by David Kopel
It helps sailors accurately cast mooring lines and other ropes. [read post]
19 Nov 2022, 9:15 am by Richard Pildes
When NC filed its opening brief in the independent state legislature case, Moore v. [read post]
18 Nov 2022, 1:40 pm by Rick Hasen
And here’s the relevant fn: 14 Some of Respondents’ amici make the scurrilous suggestion that Petitioners’ interpretation would enable state legislatures to change the result of a Presidential election by replacingpopularly chosen electors with their own slate. [read post]
15 Nov 2022, 9:01 pm by Neil H. Buchanan
Therefore, the midterm election results have neutralized one important constitutional weakness.This predicament for Republicans would force an election-denying Republican nominee to fall back on the utterly baseless “independent state legislature theory” (ISL) which is a claim that the US Constitution’s use of the term “legislatures” in key clauses of Article II empowers Republican-run legislatures to ignore their own voters (as well as their governors, supreme… [read post]
15 Nov 2022, 5:56 am by Jonathan Hafetz
Then, when the Supreme Court effectively confirmed that CIA black sites were unlawful in 2006 by ruling in Hamdan v. [read post]
9 Nov 2022, 7:32 am by Rick Hasen
With news that the North Carolina Supreme Court has flipped to Republican control, there is a good chance that the this court’s holding that partisan gerrymandering violates the state constitution will be overturned. [read post]
2 Nov 2022, 7:18 pm by Rick Hasen
BPC: ollowing the Supreme Court’s decision to hear Moore v. [read post]