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13 Mar 2020, 7:08 am
The following is a series of questions posed by Ronald Collins to Richard Lazarus in connection with Lazarus’ new book, “The Rule of Five: Making Climate History at the Supreme Court” (The Belknap Press of Harvard University Press, 2020). [read post]
22 Dec 2016, 11:03 am
The following is a series of questions posed by Ronald Collins on the occasion of the publication of “My Own Words” by Ruth Bader Ginsburg with Mary Hartnett and Wendy W. [read post]
10 Jul 2018, 6:21 pm
Since the 2000 term, if we take this bloc to be composed of Chief Justices William Rehnquist and John Roberts and Justices Antonin Scalia, Clarence Thomas, Samuel Alito and Neil Gorsuch, Kennedy sided against at least three of these justices in the following number of decisions per term. [read post]
14 May 2019, 7:29 am
The following is a series of questions prompted by the forthcoming publication of Michael Bobelian’s “Battle for the Marble Palace: Abe Fortas, Earl Warren, Lyndon Johnson, Richard Nixon, and the Forging of the Modern Supreme Court” (Schaffner Press, 2019). [read post]
19 Mar 2018, 11:02 am
By Geoffrey R. [read post]
15 Dec 2023, 12:17 pm
Immediately after Justice Antonin Scalia passed away in 2016, the Senate majority leader, Mitch McConnell, refused to hold confirmation hearings for any successor chosen by Mr. [read post]
2 Nov 2021, 12:26 am
[Some legal history and doctrinal suggestions.] [read post]
23 Nov 2013, 3:08 pm
Original Purpose (interpretation the best reflects Framers’ original purposes) --Antonin Scalia, A Matter of Interpretation: Federal Courts and the Law (The University Center for Human Values Series; Princeton University Press (July 27, 1998) (ISBN-9780691004006)) READ pp. 3-18 and… [read post]
21 Apr 2017, 6:00 am
Michael KlarmanFor the Symposium on Michael Klarman, The Framers' Coup: The Making of the United States Constitution. [read post]
20 May 2019, 10:55 am
The extent to which federal obstruction of justice statutes apply to the president, especially when concerning actions facially within the office’s powers under Article II, has been hotly contested at least since President Trump fired FBI Director James Comey in May 2017. [read post]
14 Jun 2022, 6:30 am
This post was prepared for a roundtable on Constitutional Faith and Veneration, convened as part of LevinsonFest 2022. [read post]
22 Apr 2020, 5:00 am
The national fight against the spread of the novel coronavirus demands a leader who can take charge of and defeat a grave threat, and who can put partisan politics aside to create a shared sense of national purpose. [read post]
24 Apr 2017, 8:33 am
In 1571, an English jurist named Edmund Plowden, trying to make sense of cases involving the sale and purchase of land owned by various monarchs, argued: [T]he King has in him two Bodies, viz., a Body natural, and a Body politic. [read post]
22 May 2019, 3:34 pm
On May 20, as expected, the White House formally instructed former White House Counsel Don McGahn to refuse to comply with the House judiciary committee subpoena requiring his appearance and testimony. [read post]
13 Sep 2018, 12:15 pm
PDF Version. [read post]
2 Nov 2020, 10:31 am
Don’t look now, but as of Oct. 12, the United States may—and the word “may” requires no small emphasis here—have entered the last hundred days of Donald Trump’s presidency. [read post]
18 Feb 2024, 6:30 am
For the Balkinization symposium on Robert Post, The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).David BernsteinIn this symposium, my designated task was to review and discuss Part V of Robert Post, The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024) This Part delves into social and economic legislation during the Taft Court era. [read post]
13 Mar 2017, 9:30 am
Recognizing the Year’s Worst in Government Transparency A thick fog is rolling in over Sunshine Week (March 12-18), the annual event when government transparency advocates raise awareness about the importance of access to public records. [read post]
3 Sep 2020, 7:10 am
On April 22, 2019, the House Judiciary Committee issued a subpoena to former White House Counsel Don McGahn, requiring him to produce documents and to testify at a public hearing about 36 topics related to then-Special Counsel Robert Mueller’s Russia investigation. [read post]
29 Oct 2013, 8:20 pm
., Antonin Scalia and Bryan A. [read post]
