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17 Nov 2022, 4:00 am by Guest Author
EPA and more in the concerns animating Justice Jackson’s concurrence in Youngstown Sheet & Tube Co. v. [read post]
26 Oct 2022, 1:06 pm by Amy Howe
In Grutter, Harvard contends, the justices outlined several different reasons why universities have a strong interest in having a diverse student body – “all of which remain correct. [read post]
9 Oct 2022, 9:04 pm by Eric W. Orts
Jackson Women’s Health Organization, and West Virginia v. [read post]
4 Oct 2022, 1:10 pm by John Elwood
  All the rest of this week’s relists involve a party named Shoop — Tim Shoop, the warden of Ohio’s Chillicothe Correctional Institution. [read post]
3 Oct 2022, 4:45 am by SHG
Jackson Women’s Health Organization. [read post]
26 Sep 2022, 9:00 pm by Barry Winograd
And the Court majority has defenders who praise the departure in Dobbs from Casey’s guidance about institutional acceptability. [read post]
19 Sep 2022, 6:30 am by Guest Blogger
[1] Sanford Levinson, Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It) (Oxford University Press, 2006) [read post]
7 Sep 2022, 6:30 am by Guest Blogger
Adams, Rutherford Hayes, and Benjamin Harrison would have governed better than Andrew Jackson, Samuel Tilden, and Grover Cleveland, respectively With respect to the comparison between Adams and Jackson, just ask descendants of the Trail of Tears. [read post]
3 Aug 2022, 6:30 am by Guest Blogger
Consider, among other decisions, National Institute of Family and Life Advocates v. [read post]
2 Aug 2022, 6:30 am by Guest Blogger
Jackson Women’s Health Organization, the Court’s recent decision overturning its 1973 decision Roe v. [read post]
1 Aug 2022, 9:01 pm by Vikram David Amar
So special protection for states who don’t yet have a voice in DC might make sense even if the equal sovereignty idea as applied to already-existing states is somewhat dubious.But even assuming arguendo that Shelby County and its invocation of equal sovereignty ideas there were correct, such ideas have no application to the Clean Air Act setting, for two reasons.First, the Clean Air Act was enacted under Congress’s Commerce Clause powers, a provision that decidedly does not… [read post]
27 Jul 2022, 10:33 am by Guest Blogger
Putting aside the constraints provided by the duty to avoid intrinsic evils, this is correct, but it is also itself a major point or feature of the classical tradition: subject to those and other constraints the book outlines, the theory does not even purport to specify the particular institutional rules of any given polity, but leaves those to determination within that polity - first at the level of constitutional law (written and unwritten), and then at successively more specific… [read post]
28 Jun 2022, 10:04 am by Josh Blackman
Earth Island Institute (2009): "I join in full the opinion of the Court. . . [read post]
27 Jun 2022, 9:00 pm by Eric M. Freedman
In subverting the hard-fought legitimacy of that institution, the Court weakens its own power. [read post]