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7 Oct 2014, 8:07 am by Guest Blogger
”  Note that this latter version of “bad intent” was not the sort addressed by Arlington Heights or Washington v. [read post]
11 Jan 2022, 5:31 am by Michael C. Dorf
Such an argument would have to rest on an even more robust limit on jurisdiction stripping than that articulated by Justice Story in Martin v. [read post]
14 Jun 2017, 4:18 am by Edith Roberts
” In another Monday ruling, the court held in Amgen Inc. v. [read post]
28 Nov 2010, 8:34 pm by cdw
State Public Defender from the Iowa Supreme Court & State v. [read post]
12 Jul 2024, 4:30 am by Lawrence Solum
I contend that the doctrinal pieces for the replacement of statutory severance with statutory disregard are already in place and that the Roberts Court should complete the work begun by Justice Thomas in his solo concurrence in Murphy v. [read post]
3 Feb 2009, 1:37 pm
Justice Ginsburg exemplifies the use of context through her opinion in US v Virginia and her strong dissent in Ledbetter; other examples are Justices Breyer and Blackmun (for whom Wood clerked). [read post]
2 Jan 2025, 5:01 am by Eugene Volokh
An excerpt from Friday's more-than-9000-word-long opinion in In re Bynum, by the Texas Special Court of Review ("Robert Burns, Chief Justice of the Fifth Court of Appeals; Justice W. [read post]
28 Jul 2010, 4:58 pm by Mark Tushnet
(There's also the canon of statutory construction that repeals by implication are disfavored, though that can be countered by the canon that courts should do their best to construe statutes to avoid finding them constitutional when their language can fairly be read to conform to the Constitution. [read post]
14 Jan 2020, 5:34 am by Marty Lederman
  The plaintiffs in the case, including Texas and other states, have opposed the motions for expedition, as has the Department of Justice. [read post]
12 Jan 2017, 12:01 am by rhapsodyinbooks
Today, he is one of the most widely cited United States Supreme Court justices in history, particularly for his “clear and present danger” opinion for the unanimous Court in the 1919 case of Schenck v. [read post]