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21 Jan 2020, 1:36 pm by Ayelet Waldman
We used to stand up with our classmates every morning and timelessly pledge liberty and justice for all, even and especially for those (as the Supreme Court, agreeing with the ACLU, ruled in West Virginia State Board of Education v. [read post]
25 Jan 2007, 2:46 pm
  The Federal Circuit held that Hydril stated a "Walker Process fraud" claim under Walker Process Equipment Co. v. [read post]
2 Apr 2012, 7:07 am by Marty Lederman
Over at the Volokh Conspiracy, my colleague Randy Barnett, who's representing the private plaintiffs in the ACA case, has written a post focusing upon Justice Kennedy's expressed concern that in order for the Court to uphold section 5000A of the ACA, it might have to issue what Randy calls an "unbounded" opinion, one that would permit Congress to require the purchase of virtually any product--an outcome that Justice Kennedy fears would “change the relationship of… [read post]
4 Jul 2024, 1:06 pm by Randy E. Barnett
(2021) Donald Drakeman, The Hollow Core of Constitutional Theory: Why We Need the Framers (2021) Jamal Greene, How Rights Went Wrong: Why Our Obsession With Rights is Tearing America Apart (2021) David Schwartz, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [read post]
21 Mar 2023, 7:01 am by Randy E. Barnett
(2021) Donald Drakeman, The Hollow Core of Constitutional Theory: Why We Need the Framers (2021) Jamal Greene, How Rights Went Wrong: Why Our Obsession With Rights is Tearing America Apart (2021) David Schwartz, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [read post]
3 Aug 2016, 9:01 pm by Marci A. Hamilton
 “The Jehovah’s Witnesses also are responsible for the landmark opinion in West Virginia State Bd of Educ v. [read post]
28 Sep 2023, 6:30 am by Guest Blogger
It is theoretically possible that the SCOTUS could draw nourishment from Ottawa to fatten up Chevron step two, in the same way that Justice Kagan rescued Auer deference from the hangman’s noose by giving it a highly contextual and reasoned structure in Kisor v Wilkie (see also the discussion of Chevron’s footnote 11 in the amicus brief of Professors Barnett and Walker). [read post]
Parrish (upholding minimum wage legislation) and Barnett v. [read post]
20 Jun 2013, 9:15 am by Howard Wasserman
SCOTUS today decided Agency for Int'l Development v. [read post]
26 Nov 2006, 2:43 pm
Barnett, who will argue on behalf of the United States as amicus in support of the petitioners. [read post]
25 Aug 2007, 9:47 am
Barry Barnett Blawgletter loves the seventh amendment. [read post]
6 Jun 2018, 9:01 pm by Marci A. Hamilton
The United States Supreme Court predictably handed down the Masterpiece Cakeshop v. [read post]
29 Feb 2008, 12:53 pm
"Justice Curtis, offered the following interpretation in his dissent in Dred Scott v. [read post]