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4 Oct 2018, 9:01 pm by Vikram David Amar and Jason Mazzone
A final observation to make here is that those justices (like Ruth Bader Ginsburg) who often analogize gender discrimination to racial discrimination, and who may prefer that racial and gender classifications be treated the same way doctrinally, might find themselves torn as to how strict intermediate scrutiny should be. [read post]
1 Mar 2022, 9:00 pm by Vikram David Amar
In Part One of this series, I discussed the so-called Independent State Legislature (ISL) theory of Articles I and II of the U.S. [read post]
6 Dec 2017, 2:48 pm by Rick St. Hilaire
It -- Congress has addressed this very question, twice, in 22 U.S.C. 2459 [the Immunity from Judicial Seizure Act], Congress provided a very specific and limited immunity for culturally significant objects being brought to the United -- culturally significant objects being brought to the United States for display or exhibition.There was a very specific immunity there that the -- that somebody wants to bring in -- in that property, those exhibits can apply to the State Department in advance and… [read post]
2 Jun 2022, 9:00 pm by Vikram David Amar
Justice Ruth Bader Ginsburg, in a passage that the Dobbs majority draft itself quotes, described Roe as having “halted a political process that was moving in a reform direction. [read post]
24 Feb 2022, 2:12 pm by Alan Ackerman
Yet, it also was indicative of the lengths that the managing partner will go in serving the needs of his clients, many of whom take on the persona of “David” in the battle with the “Goliath” of government. [read post]
13 May 2020, 3:46 am by Edith Roberts
” At Bloomberg, Greg Stohr and David McLaughlin report that “[k]ey justices explored possible middle ground” during the arguments. [read post]
2 Jul 2014, 10:04 am by Rich McHugh
In her dissent, Justice Ruth Bader Ginsburg stated that she believed the Court inadvertently “ventured into a minefield. [read post]
10 Jun 2015, 8:55 am by Victoria Kwan
” Looking ahead to the rest of June: Justice Ruth Bader Ginsburg is slated to headline the American Constitution Society’s 2015 National Convention. [read post]
10 Nov 2016, 4:38 am by Edith Roberts
” Additional coverage comes from David Savage at the Los Angeles Times, who writes that “the court’s ideological balance should remain largely as it has been for the past decade, with Justice Anthony M. [read post]
24 Jun 2014, 5:27 am by SHG
At Concurring Opinions, Corey Yung raises the California Affirmative Consent discussed by Cathy Young at Reason, Volokh Conspiracy’s David Bernstein, and before them, by Hans Bader. [read post]
18 Jul 2019, 9:05 pm by Alana Bevan
House Judiciary Antitrust Subcommittee Chair David Cicilline (D-R.I.) criticized the fine, calling it a “slap on the wrist. [read post]
23 Jan 2018, 4:33 am by Edith Roberts
” At National Review, David French worries that in an amicus brief in support of neither party in National Institute of Family and Life Advocates v. [read post]
5 Nov 2018, 4:13 am by Edith Roberts
” Kenneth Jost reviews a recent biography of Justice Ruth Bader Ginsburg, “Ruth Bader Ginsburg: A Life,” for the Washington Independent Review of Books. [read post]
8 Jul 2014, 6:59 am by Rich McHugh
In her dissent, Justice Ruth Bader Ginsburg stated that she believed the Court inadvertently “ventured into a minefield. [read post]
22 May 2018, 4:31 am by Edith Roberts
” Briefly: For this blog, Andrew Hamm reports that Justice Ruth Bader Ginsburg received the Henry J. [read post]