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17 Nov 2022, 6:30 am
Alas, no one seems to have listened: (1) certainly not the liberals and progressives who have been embarrassed about rather than proud of substantive due process all these years, and (2) least of all Justice Alito in Dobbs, who wants to “own the libs” by quoting Ely’s article as Exhibit A in support of his assertion that Roe had repeated the “egregious” errors of Lochner. [read post]
7 Nov 2022, 7:19 am
Rev. 1181 (2021) (arguing for an extension of MQD-like review aimed at minor questions).Critique #1: The MQD fiction The point can be put several different ways: “Congress speaks clearly when addressing major questions”; “we presume that Congress does not intend to delegate major questions to federal agencies in obscure grants”; “we expect Congress to speak clearly when addressing major questions”. [read post]
26 Oct 2022, 6:58 am
Certiorari was denied on 1 November 2021 (Order List (pdf) p3), without comment from Thomas J. [read post]
21 Oct 2022, 6:30 am
Rights can only (or at least usually, for Fleming never quite says whether Roe would meet these criteria) be recognized through the process of common law constitutionalism (p. 117). [read post]
9 Oct 2022, 9:04 pm
They agree that government is justified by the need to preserve civil order through law, ideally through democratic processes, to protect the unalienable right to life. [read post]
3 Oct 2022, 12:04 pm
On June 24, 2022, the United States Supreme Court overturned the constitutional right to abortion established in Roe v. [read post]
26 Sep 2022, 4:49 am
: 1 Case; Procedure / Standing: 6 Cases; Eligibility (AmAxle Redux): 3 Cases; and Randomness (don’t bother with these): 2 Cases 1. [read post]
31 Aug 2022, 10:23 pm
After the Supreme Court’s decision to overturn Roe v. [read post]
15 Aug 2022, 10:05 am
Papers will be selected through a blind review process. [read post]
11 Aug 2022, 4:15 pm
Papers will be selected through a blind review process. [read post]
5 Aug 2022, 4:00 am
First Jan. 6 Defendant Convicted at Trial Receives Longest Sentence of 7 Years MSN – Spencer Hsu and Tom Jackman (Washington Post) | Published: 8/1/2022 The first U.S. [read post]
2 Aug 2022, 6:30 am
Jackson Women’s Health Organization, the Court’s recent decision overturning its 1973 decision Roe v. [read post]
11 Jul 2022, 11:01 am
From a survey taken June 28-29 by the Center for American Political Studies at Harvard University and The Harris Poll: [1.] [read post]
6 Jul 2022, 5:00 pm
Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022) overturning Roe v. [read post]
6 Jul 2022, 5:00 pm
Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022) overturning Roe v. [read post]
3 Jul 2022, 7:15 am
Supreme Court overturned Roe v. [read post]
1 Jul 2022, 4:24 am
Protections against partisan gerrymandering established through the state courts could essentially vanish and the ability to challenge new voting laws at the state level could be reduced. [read post]
1 Jul 2022, 4:00 am
Tucker Carlson Just Inadvertently Helped Raise $14,000 for Abortion Rights MSN – Steven Zeitchik (Washington Post) | Published: 6/27/2022 Hours after the Supreme Court overturned Roe v. [read post]
28 Jun 2022, 9:01 pm
” The Fourteenth Amendment contains no specifics; the Supreme Court determines its content through cases.At the time Roe was argued, the Court had twice ruled that the Due Process Clause protected certain personal rights under the umbrella of a “right to privacy. [read post]
28 Jun 2022, 5:58 am
REV. 1682, nn. 1-3 (1977); see, Harold J. [read post]
