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27 Dec 2022, 8:55 am by Lawrence Solum
By repeatedly singling out polygamy as not protected by the Act, in some ways even more so than the Defense of Marriage Act singled out same-sex marriage for a lack of protection, the Respect for Marriage Act likely violates the Fifth Amendment under a United States v. [read post]
6 May 2010, 9:43 am
  In other words, preemption exists where it is impossible for a private party to comply with both state and federal requirements, “. . . or where state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress. [read post]
21 Nov 2019, 10:00 am by Michelle Ghetti
Michelle Ghetti is Deputy Solicitor General for the state of Louisiana, which authored a multi-state amicus brief in support of the petitioners in New York State Rifle & Pistol Association v. [read post]
20 Sep 2007, 1:59 pm
Goldsmith, 526 U.S. 529, 534 (1999) (though Appellate Government erroneously cited that decision as United States v. [read post]