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6 Jul 2018, 4:07 am by Edith Roberts
’” NPR features an interview with election-law expert Richard Hasen “about how retiring Supreme Court Justice Anthony Kennedy’s successor may affect voting rights. [read post]
5 Jul 2018, 4:15 am by Edith Roberts
Commentary on Masterpiece Cakeshop v. [read post]
27 Jun 2018, 9:01 pm by Neil H. Buchanan
Instead, the majority opinion was written by Justice Kennedy, joined by Justices Alito, Ginsburg, Gorsuch, and Thomas. [read post]
21 Jun 2018, 8:25 am by Ilya Somin
S. ___, ___ (2015) (THOMAS, J., concurring); Gutierrez-Brizuela v. [read post]
20 Jun 2018, 4:10 am by Edith Roberts
Whitford and Benisek v. [read post]
15 Jun 2018, 5:01 am by Joanna Schwartz
First, lower courts can do what Richard Re calls "narrowing from below. [read post]
5 Jun 2018, 9:20 am by Sandy Levinson
 But where issues are truly important, precedential "reasoning" has relatively little to be said for it  If I shared Randy Barnett's, Richard Epstein's, or Clarence Thomas's views of constitutional meaning and, more importantly, what constituted the most desirable kind of polity, then I would have no particular commitment to maintaining New Deal precedents in all of their glory. [read post]
4 Jun 2018, 4:07 am by Edith Roberts
Richard Wolf reports for USA Today that two Fourth Amendment decisions this term, in Byrd v. [read post]