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Many early twentieth century progressives supported legislation restricting speech and segregating races as means that advanced the common good. [read post]

Balkinization - http://balkin.blogspot.com/

The Uneasy and Futile Case for Filibuster Reform

15 Jul 2022, 5:15 am by Michael C. Dorf

.* * *Many years ago, a constitutional law professor friend of mine said to me something like this: "Do you ever think how strange it is that that 80% of our job is to read the minds of Sandra Day O'Connor and Anthony Kennedy? [read post]

Dorf on Law - http://www.dorfonlaw.org/

[Josh Blackman] Status, Conduct, and the Yarmulke Tax

12 Jul 2022, 10:07 am by Josh Blackman

And the fact that many Jews do not wear yarmulkes—like the fact that many women do not seek abortions—would not prevent a finding that the tax—like petitioners' blockade—targeted a particular class. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Reasons to Doubt Whether “the Best Way Forward Is To Look Backward”: Commentary on Adrian Vermeule, Common Good Constitutionalism

12 Jul 2022, 6:30 am by Guest Blogger

It took Enlightenment thinkers such as Mary Wollstonecraft and Frances Hutcheson, Witte concludes, to help push the Western legal tradition to “remove the many layers of patriarchy and coverture” and, eventually, to more fully realize in law itself ideals of sex equality in marriage and in the broader society. [read post]

Balkinization - http://balkin.blogspot.com/

Why C.J. Roberts?

11 Jul 2022, 4:06 am by SHG

We even hoped he might become a crucial swing vote, another Anthony Kennedy. [read post]

Simple Justice - http://blog.simplejustice.us

[Josh Blackman] N.Y. Times Opinion: "If Only John Roberts Would Retire"

10 Jul 2022, 8:11 am by Josh Blackman

Retirement would make Roberts a hero for many. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Iraq in the Era of the Abraham Accords

10 Jul 2022, 7:01 am by Katherine Harvey

Kennedy Airport in June 2003, Braude was discovered to be in possession of 4,000-year-old Iraqi antiquities, stolen from the Iraqi National Museum. [read post]

Lawfare - http://www.lawfareblog.com/

Adrian Vermeule's's rejection of "modern" constitutional theory

10 Jul 2022, 6:30 am by Sandy Levinson

Although Vermeule is often seen as a conservative, I suspect that at least as many conservatives as liberals will be discomforted by the book. [read post]

Balkinization - http://balkin.blogspot.com/

More on Text, History, and Tradition - Discussion Questions for Dobbs, Part One

8 Jul 2022, 8:30 am by JB

In fact, Justice Kennedy’s opinion in Obergefell specifically rejected the approach that Alito takes in Dobbs. [read post]

Balkinization - http://balkin.blogspot.com/

The Most Dangerous Branch: A Review of the Supreme Court’s 2021-2022 Term

8 Jul 2022, 7:09 am by The Petrie-Flom Center Staff

Makin, the Court struck down a Maine law prohibiting the use of public funds to subsidize religious schools, and in Kennedy v. [read post]

Bill of Health - https://blog.petrieflom.law.harvard.edu/

Hope and a Prayer: Liberals Condemn the Conservative Justices After Dubious Rolling Stone Article

8 Jul 2022, 5:34 am by jonathanturley

It has been many years since I prayed with a Justice. [read post]