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16 Apr 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
Conventional wisdom holds that the 2022 midterm elections went surprisingly well for Democrats. [read post]
21 May 2023, 9:00 pm by Neil H. Buchanan and Michael C. Dorf
As the country and the world await news of whether Republicans’ decision to use the debt ceiling as a political weapon will lead to utter catastrophe, pundits and reporters alike are asking whether there is an out that would allow the Democrats to sidestep the Republicans’ attempted extortion.The question is: “out” from what, exactly? [read post]
19 Jan 2021, 9:01 pm by Michael C. Dorf
Assuming that white supremacists, conspiracy theorists, and other domestic terrorists do not derail a ceremony that even Confederate secession could not prevent, twelve hours after this column goes live, Joe Biden will take the oath of office as President. [read post]
16 Aug 2022, 9:01 pm by Michael C. Dorf
In October, the Supreme Court will hear oral argument in National Pork Producers Council (NPPC) v. [read post]
17 Jul 2022, 9:00 pm by Michael C. Dorf
On July 8, Elon Musk informed Twitter that he was terminating his April agreement to purchase the company for $44 billion. [read post]
7 Feb 2017, 1:08 pm by Michael Gerhardt
Michael Gerhardt is Samuel Ashe Distinguished Professor in Constitutional Law at the University of North Carolina at Chapel Hill and Visiting Scholar at the University of Pennsylvania Law School. [read post]
5 May 2015, 9:01 pm by Michael C. Dorf
During last week’s oral argument in the same-sex marriage cases, Justice Antonin Scalia posed an arresting question for the plaintiffs’ lawyer, Mary Bonauto: If she wins a constitutional right to same-sex marriage for her clients, would that mean that clergy who will not officiate at same-sex wedding ceremonies would forfeit the power to officiate at opposite-sex wedding ceremonies? [read post]
11 May 2021, 9:01 pm by Michael C. Dorf
Last week, the Facebook Oversight Board delivered a mixed verdict regarding the company’s treatment of former President Donald Trump’s account. [read post]
30 Jan 2024, 9:01 pm by Michael C. Dorf
Last week, Kenneth Eugene Smith became the first person in the United States to be executed by nitrogen hypoxia—in which a mask attached to Smith’s face poured pure nitrogen into his lungs, thus depriving him of oxygen. [read post]
15 Jul 2014, 9:01 pm by Michael C. Dorf
Americans who were dismayed by the Supreme Court’s end-of-Term decision in Burwell v. [read post]
25 Oct 2022, 9:01 pm by Michael C. Dorf
For decades, conservative scholars and Justices have argued that the Supreme Court should adopt an “originalist” approach to constitutional interpretation. [read post]
6 Jun 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
In short order over the last two weeks, the latest debt ceiling crisis was defused, the date of the next crisis was all but set in stone, and the political class quickly moved on to “previously scheduled programming”—that is, to the many ongoing crises that the debt ceiling standoff had pushed off the front pages for more than a month.Hindsight bias may leave the impression that this result was foreordained, but it was not. [read post]
8 May 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf
The constitutional crisis caused by the Republicans’ attempts at extortion via the debt ceiling has now increased from a simmer to a boil. [read post]
8 Jun 2021, 9:01 pm by Michael C. Dorf
The nearly-universally negative reaction to the professional tennis world’s initially shameful treatment of Naomi Osaka has been encouraging. [read post]
7 Feb 2017, 9:01 pm by Michael C. Dorf
President Trump’s nomination of Judge Neil Gorsuch to fill the current vacancy on the Supreme Court will encounter both procedural and substantive opposition. [read post]
3 Jan 2021, 9:01 pm by Michael C. Dorf
On Wednesday, January 6, Congress will meet in joint session to confirm Joe Biden’s election as President, effective upon his inauguration two weeks later. [read post]
14 Jan 2014, 9:01 pm by Michael C. Dorf
On New Year’s Eve, Justice Sonia Sotomayor granted a temporary injunction against the enforcement of the contraceptive coverage requirements of the regulations implementing the Patient Protection and Affordable Care Act (commonly known as Obamacare). [read post]