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7 May 2023, 6:00 am by Lawrence Solum
For example, the intention behind the equal protection clause might be formulated at a relatively high level of generality--leading to the conclusion that segregation is unconstitutional--or at a very particular level--in which case the fact that the Reconstruction Congress segregated the District of Columbia schools might be thought to support the "separate but equal" principle of Plessy v. [read post]
12 Mar 2023, 9:54 am by David Oscar Markus
Heller, 554 U.S. 570, 626–27 & n.26 (2008). [read post]
4 Feb 2023, 4:21 am by jonathanturley
Heller, 554 U.S. 570, 627 (2008) (explaining that “the sorts of weapons protected were those ‘in common use at the time’” (citation omitted)); Ezell v. [read post]
15 Dec 2022, 11:17 am
The Supreme Court was urged to decline to rule on the ultimate merits in both cases but rather to send the cases back down to the lower courts for more development—in Heller by the U.S. [read post]