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14 Sep 2022, 4:30 am by Michael C. Dorf
And it's ubiquitous.Here's how the two-step works.Step 1: Declare that an existing method of achieving some goal is unconstitutional or otherwise unlawful or unacceptable but add that the goal can be met by other means.Step 2: If you are a political actor, ensure that those other means are not available as a practical matter, whereas if you're a judge, know that those other means are unavailable but disingenuously take step 1 anyway.Now for some examples:A) The ACA itself as… [read post]
13 Sep 2022, 6:43 pm by John Floyd
Those findings are:   Since pretrial reform, misdemeanor guilty pleas have declined, and fewer defendants re-offend within a year of arrest, even as more are released into the community while they await trial. [read post]
13 Sep 2022, 6:30 am by Guest Blogger
Sanford Levinson This post was prepared for a roundtable onCan this Constitution be Saved? [read post]
13 Sep 2022, 3:00 am by Jack Sharman
Motion for Judicial Oversight and Additional Relief, Trump v. [read post]
12 Sep 2022, 3:56 pm by Alan S. Kaplinsky
  The order states that because Community Financial Services Association v. [read post]
12 Sep 2022, 5:39 am by Jack Goldsmith
[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. [read post]