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19 May 2015, 7:20 am by Bradley Joondeph
Wynne goes a long way towards clarifying these matters, but some importa [read post]
29 Aug 2023, 2:17 pm by Ilya Somin
Raich (2005), the Supreme Court has held that Congress' power to regulate interstate commerce includes the authority to restrict almost any "economic activity," so long as it has a "substantial effect" on interstate trade. [read post]
13 Jul 2020, 8:20 am by Nicholas Mosvick
No government could long subsist without the confidence of the people. [read post]
13 Jun 2017, 7:18 am by John Duffy
Justice Clarence Thomas’ opinion for the court is short — only 18 pages — with 10 of those pages devoted to explaining the complicated legal and procedural background of the suit. [read post]
20 Mar 2019, 8:55 am by Amy Howe
In March 2018, Justice Neil Gorsuch joined Justice Clarence Thomas in a dissent from the denial of review in another case asking the justices to overrule Auer; Thomas described the doctrine as “constitutionally suspect” and “on its last gasp. [read post]
15 Jul 2022, 7:10 am by Ilya Somin
As I have previously pointed out, the evidence against Trump's Big Lie has long been so strong and so readily available for so long, that most remaining belief in the lie is likely to be the result of some combination of "rational ignorance" and strong partisan bias. [read post]
27 Jun 2017, 7:18 am by Erwin Chemerinsky
Justices Clarence Thomas and Neil Gorsuch wrote separately to say that they did not, and that they wanted to overrule Locke v. [read post]
21 Apr 2023, 4:00 am by Jim Sedor
Steve Kaiser revived a long-running fight at the Legislature to block employees of the League of Arizona Cities and Towns from getting state retirement benefits. [read post]
12 Nov 2014, 7:00 am by Ronald Collins
The following is a series of questions posed by Ronald Collins on the occasion of the publication of American Justice 2014: Nine Clashing Visions on the Supreme Court (University of Pennsylvania Press), by University of Baltimore law professor Garrett Epps, who is also the Supreme Court correspondent for The Atlantic Online. [read post]
15 Mar 2011, 5:16 pm by Bruce Ackerman
Robert Baker, Georgia State UniversityKatherine Beckett, University of WashingtonDuncan Bell, Politics and International Studies, University of CambridgeSteve Berenson, Thomas Jefferson School of LawMichael Bertrand, UNC Chapel HillChristoph Bezemek, Public Law, Vienna University of Economics and BusinessMichael J. [read post]
16 Jun 2022, 10:04 am by John Elwood
The act also specifies that it should not be construed to limit the rights and remedies students have under the federal constitution and various anti-discrimination statutes, so long as would be-plaintiffs exhaust the IDEA’s administrative procedures if their non-IDEA suit “seek[s] relief that is also available under [the IDEA]. [read post]
29 May 2024, 9:01 pm by Vikram David Amar
Long settled and established practice may have great weight in interpreting constitutional provisions about the operation of government. [read post]
3 Jul 2024, 4:00 am by Eric Berger
  Chevron was, as Professor Thomas Merrill has put it, an "accidental landmark. [read post]
25 Jun 2013, 5:07 pm by Joey Fishkin
 But that’s not the way the Court (except for Justice Thomas) went today.Instead, the majority went for the “equal sovereignty” issue. [read post]