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25 Apr 2018, 3:39 am by Florian Mueller
It's almost like saying "stupid but constitutional" (three words that Justice Scalia told his clerks and other jurists). [read post]
25 Nov 2014, 9:00 am by Guest Blogger
Schroeder For the Symposium on Administrative Reform of Immigration LawUnder our constitutional system of separation of powers, does the President have the authority to defer the deportation of the undocumented parents of children who are lawfully present in the United States, to permit these persons to apply for work authorization and also to expand the Deferred Action for Childhood Arrivals first announced in 2012? [read post]
15 Jul 2006, 7:32 am
But, like a lot of conservatives, he was so irritated by the Supreme Court's decision in Hamdan v. [read post]
11 Mar 2007, 3:17 am
[L]ast term Justice Antonin Scalia wrote a separate opinion in a death-penalty case for the sole purpose of excoriating Justice David Souter, who had written in a dissent about exonerated innocents. [read post]
22 May 2014, 7:44 am by Bruce Ackerman
Justice Scalia famously softens his commitment to the Golden Age by relying on stare decisis to accept the continuing legitimacy of  many cases that were “wrongly decided”  during the modern era. [read post]
28 Jun 2011, 1:08 pm by Bill Merkel
Hamilton in his Report of the Bank and Marshall in McColloch v. [read post]
4 Jun 2018, 5:29 pm by Richard A. Epstein
He thus notes that this incident occurred in 2012, before same-sex marriage was legal in Colorado or protected under the equal protection clause to the United States Constitution. [read post]
7 Jun 2022, 5:00 pm by Michael Ehline
The late Justice Antonin Scalia restated the ancient common law rule in Deshaney v. [read post]
26 Apr 2023, 2:39 pm by Josh Blackman
The President of the United States withdrew, and the Senate adjourned. [read post]
14 Apr 2016, 2:02 pm by Jared Beck
(Citizens United itself overruled a 20-year old precedent, Austin v. [read post]
5 Aug 2024, 9:14 pm by Steven Calabresi
The size of the Supreme Court did increase from 6 justices at the founding, to 7 and then 9, before 1861, as the population and number of states in the union increased exponentially. [read post]
30 Jun 2010, 5:25 am by Jeff Gamso
  She's running for a seat as Associate Justice on the Supreme Court of the United States. [read post]