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30 Jun 2019, 6:30 am by Sandy Levinson
  My own mentor, Robert McCloskey, many years ago argued that all major Supreme Court decisions were ultimately evaluated against the quite separate categories first of what Lessig calls legal “fidelity,” i.e., the persuasiveness of the strictly legal arguments that are offered; second, the institutional and political contexts within which the Court is acting and its own recognition that it is ill-advised to be either too innovative or, indeed, static in its legal… [read post]
26 Jun 2019, 1:44 pm by Sasha Volokh
As Jonathan writes, the Supreme Court (in Kisor v. [read post]
20 Jun 2019, 7:32 pm by Mila Sohoni
In subsequent years, he explained, the court has sometimes reached the right result while applying this test, for example in cases such as Loving v. [read post]
26 May 2019, 7:48 am by Sarah Grant
The second covers the Supreme Court’s 5-4 decision in Pepper v. [read post]
26 May 2019, 7:48 am by Sarah Grant
The second covers the Supreme Court’s 5-4 decision in Pepper v. [read post]
15 May 2019, 6:00 am by Guest Blogger
In ways that Jack Balkin has parsed as well as anyone (along with his Yale colleagues Reva Siegel and Robert Post), the Constitution stands for political legitimacy, the possible unity of law and justice, and a normative national identity. [read post]