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5 Jan 2024, 6:40 pm by Mark Tushnet
As Josh Marshall has pointed out, if qualifications are determined on a state-by-state basis, we can be pretty confident that Trump won't be found disqualified by the state-based processes in deep red states (and that he won't be found disqualified in some deep blue states). [read post]
18 Dec 2018, 4:04 am by Edith Roberts
Indiana, in which the court will decide whether the Eighth Amendment’s excessive fines clause applies to the states, and Culbertson v. [read post]
13 Jan 2023, 6:30 am by Guest Blogger
  John Ely cast his representation-reinforcement theory partly as a defense of Warren Court liberalism, though he rejected Roe v. [read post]
6 Dec 2009, 6:48 pm
The title of the article is The Quiet Coup, and it's introductory paragraph changed my whole year… The crash has laid bare many unpleasant truths about the United States. [read post]
27 Nov 2013, 10:28 am by Ann Tweedy
  As the current Court term churns along and conferences and arguments are conducted and orders are issued, one case from last term--Madison County v. [read post]
12 Apr 2016, 8:48 am by Jack Goldsmith
Marty Lederman says in response to my posts that the big difference between the Bush and Obama preemption doctrines was that the Bush Administration “argued that international law permits the United States to engage in a ‘first use’ strike, in a nonconsenting state, against a state or nonstate actor that has not already engaged in an armed attack against the United States, before any threat of attack is ‘fully formed’ — indeed,… [read post]
4 Nov 2009, 11:32 am
  Here is how the piece gets started: Next week the Supreme Court will hear arguments, in Sullivan v. [read post]