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18 Sep 2023, 9:01 pm by Rodger Citron and Laura Dooley
First, it suggests that there may be limits to originalism as an interpretive approach, as all three members of the Court’s less conservative bloc dissented. [read post]
15 Sep 2023, 12:30 pm by John Ross
But RLUIPA only lets him sue for "appropriate relief" and that does not include money damages against individual officers. [read post]
14 Sep 2023, 4:54 am by jonathanturley
That does not mean that grounds for impeachment will be found in this inquiry. [read post]
14 Sep 2023, 4:24 am by Michael C. Dorf
The 12th Amendment does not require a winning candidate to receive a majority of the Electoral votes that are in theory available (538). [read post]
13 Sep 2023, 10:08 pm by Josh Blackman
"Will Baude clerked for Chief Justice John Roberts and is among the most distinguished scholars there is. [read post]
12 Sep 2023, 5:55 am by Harold Hongju Koh
Seizing the Inch More than three decades ago, I urged Congress to enact a comprehensive charter of national security reforms. [read post]
11 Sep 2023, 7:48 pm by Amy Howe
By a vote of 5-4, with Chief Justice John Roberts and the court’s three liberal justices dissenting, the court agreed to do so, and set the case for oral argument in October 2022. [read post]
11 Sep 2023, 7:42 am
 Pix credit hereEverybody rambles.And everybody loses their train of thought.And people with authority are managed.And the performance of discourse has assumed a prominence that now infects deliberative decision making. [read post]
11 Sep 2023, 4:00 am by Eric Segall
That lack of transparency is a real problem for public confidence in the Court and it does, in a sense, make a judge the judge in her own case, a serious rule of law problem.No written set of rules and procedures for SCOTUS recusals will be perfect but not having any enforceable rules or standards is much worse. [read post]
7 Sep 2023, 5:38 am by Katya Jestin
 You probably will not like our strategy, and neither will your political sympathizers, but this strategy is not borne from political ideology, nor does it serve any political purpose or aim to be liked. [read post]
7 Sep 2023, 5:17 am by Eugene Volokh
Agunot may seek relief in a "beth din," a rabbinical court presided over by a panel of three rabbis. [read post]
6 Sep 2023, 2:35 pm by Ben Sperry
This follows from a proper understanding of intermediary liability: In limited circumstances, the law should (and does) place responsibility on intermediaries to monitor and control conduct. [read post]