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4 Jan 2023, 6:30 am by Guest Blogger
One particularly notable contribution was his 2021 essay “Commemorating the 200th Anniversary of McCulloch v. [read post]
3 Jan 2023, 6:30 am by Guest Blogger
Women could vote in New Jersey and free Blacks voted on the same basis as Whites in Massachusetts, New Hampshire, New York, New Jersey, Pennsylvania, and North Carolina, and probably in Connecticut and Maryland was well.[5]  In the fall of 1788, the eleven ratifying states elected Representative and Senators, and voted for the new president. [read post]
2 Jan 2023, 2:50 pm by Scott Bomboy
” Levi Lincoln of Massachusetts had served as Thomas Jefferson’s attorney general and was acting in that capacity when he distributed the commission papers that were a major part of the court’s Marbury v. [read post]
31 Dec 2022, 3:00 pm by Amy Howe
Less than two months later, a divided court made that decision official, in Dobbs v. [read post]
29 Dec 2022, 9:05 pm by Victoria Hawekotte
Justice Clarence Thomas, however, argued in his concurrence that the Court should reconsider longstanding substantive due process rulings, including Griswold v. [read post]
27 Dec 2022, 3:26 pm by Eugene Volokh
Justice Thomas's words are illustrative in this evaluation: "In every culture, certain things acquire meaning well beyond what outsiders can comprehend. [read post]
19 Dec 2022, 4:00 am by Eric Segall
Speaking of originalism, as I recently wrote on this blog, Bruen may well be the most anti-originalist opinion in American history:Justice Thomas said that the only legitimate methods of constitutional interpretation for judges to use are text and history and that courts should not balance public policy concerns against the weight of asserted rights. [read post]
17 Dec 2022, 9:05 pm by Guest Author
EPA (interpretation must be permissible in light of statutory context as well as text); King v. [read post]
13 Dec 2022, 9:01 pm by Joanna L. Grossman
It reflects the principle of comity, or respect for sister states, as well as the practical need for certainty and [read post]
13 Dec 2022, 5:00 am by Unknown
 If Grey is right, the case for serious reform of the Supreme Court in response to Dobbs v. [read post]