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2 Mar 2020, 10:46 am by Yige Wang
Sebelius, holding that the mandate is a valid exercise of Congress’ taxing power. [read post]
16 Jul 2024, 6:06 am by Jeff Welty
The Supreme Court’s big Second Amendment case this term was United States v. [read post]
27 Feb 2020, 8:43 am by David Pozen
’s “original” meaning, should the interpreter look to the 1969–1972 debates in Congress, to the early and mid-1970s debates in the initial ratifying states, to the 2010s debates in the decisive ratifying states such as Virginia and Illinois, or to all of these sources together? [read post]
27 Feb 2020, 8:28 am by David Pozen
’s “original” meaning, should the interpreter look to the 1969–1972 debates in Congress, to the early and mid-1970s debates in the initial ratifying states, to the 2010s debates in the decisive ratifying states such as Virginia and Illinois, or to all of these sources together? [read post]
29 Jan 2022, 9:07 am by Eric Goldman
States continue to legislate as if Section 230 (and the First Amendment) doesn’t exist, and states are also lining up behind legal challenges to undercut Section 230 expressly or indirectly. [read post]
3 Sep 2019, 9:36 am by Florian Mueller
Later, the Court of Justice of the EU brought a bit more balance into that analysis with its Huawei v. [read post]
28 Mar 2018, 4:00 am by Steve Vladeck
Last Monday, I wrote a lengthy post about why Congress should pass the pending, bipartisan bills to protect Special Counsel Robert Mueller from being fired without good cause—and why the proffered constitutional objections to that legislation are based upon a combination of unsubstantiated (and contestable) assumptions about the current Supreme Court’s willingness to overturn Morrison v. [read post]
9 Jan 2018, 5:00 am by Samuel Estreicher
The first is what we call “the Steel Seizure principle,” after Youngstown Sheet & Tube Co. v. [read post]
13 Aug 2013, 3:49 pm by Mary L. Dudziak
  (Another opinion in the file is Douglas’s dissent from the dismissal of Massachusetts v. [read post]