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7 Aug 2020, 8:54 am by Josh Blackman
United States, 430 U.S. 188, 193 (1977) (explaining that when "no single rationale explaining the result [of a case] enjoys the assent of five Justices, 'the holding of the Court may be viewed as that position taken by those Members who concurred in the judgments on the narrowest grounds'" (quoting Gregg v. [read post]
6 Aug 2020, 3:27 am by Orin S. Kerr
  Judge Reeves assumes that whether an officer's physical intrusion into a car is reasonable is governed by a Fifth Circuit case, United States v. [read post]
5 Aug 2020, 2:52 pm by Ben Berwick, Rachel Homer
” Instead, the Framers drafted a Constitution that required the Senate’s “Advice and Consent” for the appointment of “Officers of the United States. [read post]
5 Aug 2020, 8:11 am by Squire Patton Boggs
Among other feats, Judge Allen was the first woman in America appointed prosecutor (1919), elected to a general trial court (1920), elected to a state supreme court (1922), and shortlisted for nomination to the United States Supreme Court (1938). [read post]
5 Aug 2020, 4:34 am by Gerard Magliocca
United States, a 1953 Supreme Court case that invoked sovereign immunity over one of Justice Robert Jackson's crackerjack dissents. [read post]
4 Aug 2020, 9:03 pm by Richard L. Revesz
United States, Humphrey’s Executor, and Morrison v. [read post]
4 Aug 2020, 6:35 pm by Eugene Volokh
"The United States Supreme Court has repeatedly recognized that police officers are public officials. [read post]
4 Aug 2020, 10:43 am by Leslie Griffin
One of the agencies, Catholic Social Services, sued, arguing that it has a free exercise right to do business with the city while continuing to discriminate against same-sex couples, whose marriage rights are protected by the Constitution of the United States. [read post]
4 Aug 2020, 6:30 am by Stephen Griffin
  Putting in question the state power of eminent domain certainly seemed to go nowhere, but I think there is an argument to be made with respect to Rehnquist Court’s federalism decisions having a highly consequential doctrinal and policy payoff under Chief Justice Roberts. [read post]