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21 Dec 2023, 9:02 pm by Michael C. Dorf
Meanwhile, as Professors William Baude and Michael Stokes Paulsen have documented in a widely cited forthcoming article in the University of Pennsylvania Law Review, there are other oddities of Griffin’s Case that make it a particularly poor authority on the meaning of Section 3.Trump’s team will lodge other objections. [read post]
18 Dec 2023, 9:58 am by Howard Bashman
“What We Learned from the NY Times Behind-the-Scenes Revelations About Dobbs”: Michael C. [read post]
15 Dec 2023, 6:14 pm by Howard Bashman
“Justices Thomas and Alito Want a Constitutional Right to Pray Away the Gay”: Law professor Michael C. [read post]
14 Dec 2023, 10:01 am by Neil H. Buchanan
  And Bump's second point bears reprinting in full:[C]ollege education often serves as a proxy for being in the “elite,” a member of the nebulously bounded class of Americans that is viewed with disdain (or worse) by the political right. [read post]
7 Dec 2023, 5:26 pm by Howard Bashman
“Justice Thomas’s Unintentionally Ironic Concurrence in the Self-Appointed Tester Case”: Michael C. [read post]
5 Dec 2023, 9:01 pm by Michael C. Dorf
” Although one can never be certain of the outcome based on the questions asked at oral argument, the Court’s conservative super-majority seemed receptive to the Seventh Amendment rights claim of the respondents.In an essay on the Dorf on Law blog last week, I explained why the Supreme Court should reject the Seventh Amendment claim, even as I acknowledged that a majority probably will accept it. [read post]
5 Dec 2023, 9:56 am by Howard Bashman
“The Major Questions Doctrine on Opioids”: Michael C. [read post]
6 Nov 2023, 9:01 pm by Michael C. Dorf
He could well be both.Follow @dorfonlaw Michael C. [read post]
1 Nov 2023, 6:03 pm by Howard Bashman
“Expect a Standard, Not a Rule, in the State Action Social Media Cases”: Michael C. [read post]
8 Oct 2023, 9:39 pm by Michael C. Dorf
Since last week’s unprecedented ouster of Kevin McCarthy as Speaker of the House of Representatives, two leading candidates have emerged to take his place: Republican House Majority Leader Steve Scalise and Republican Judiciary Committee Chair Jim Jordan. [read post]