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6 Jun 2022, 2:34 pm by Eugene Volokh
" Yet, as we have previously held: It must be remembered … that the police power delegated by the state is not infinite and unlimited. [read post]
6 Jun 2022, 6:03 am by Eugene Volokh
If the States had any power it was assumed that they had all power, and that the necessary alternative was to deny it altogether. [read post]
5 Jun 2022, 6:09 am
Satel (NYT).That is, it's rather clear that if the state makes psychiatrists into abortion gatekeepers, they will not exercise their power according to professional ethics. [read post]
5 Jun 2022, 12:58 am by Frank Cranmer
And finally…I In that rather esoteric common law jurisdiction known as the United States of America, the US 6th Circuit Court of Appeals has affirmed the lower court’s decision that the Universal Life Church has standing to pursue its challenge to a Tennessee law prohibiting persons who have been ordained online from solemnizing marriages:  Universal Life Church Monastery Storehouse v Nabors (6th Cir, May 27, 2022). [read post]
4 Jun 2022, 5:25 pm by Chuck Cosson
  This means a perfect state of security would lead to worse security than would a state where cybersecurity periodically fails. [read post]
4 Jun 2022, 11:53 am by Gene Takagi
Another likely reason for the increased use of section 501(c) organizations for political campaign activity is the Supreme Court’s 2010 decision in Citizens United v. [read post]
2 Jun 2022, 12:50 pm by Andrew Koppelman
  He writes, echoing Chief Justice Roberts’s opinion in NFIB v. [read post]
2 Jun 2022, 11:00 am by Sandy Levinson
  I pick that country not to be snarky; in fact the recent constitutional history of Ecuador is extremely interesting, raising fundamental questions, as explored in a brilliant forthcoming book by Joshua Braver, about constitutional change and the notion of “constituent power. [read post]
2 Jun 2022, 10:41 am by Jonathan H. Adler
Abortion rights organizations were apparently reluctant to raise enumerated powers objections to the law, perhaps because they objected to how such arguments had been used in prior cases (such as United States v. [read post]