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26 Jan 2023, 8:00 am by Guest Blogger
  Until relatively recently, Article V and the hurdles it presented to formal constitutional amendment was seen as a feature rather than a bug, especially if one credited the constitutional theories of esteemed scholars like David Strauss or Bruce Ackerman. [read post]
26 Jan 2023, 5:01 am by Michael Rosman
The Seventh Circuit, in contrast, in Kelley v. [read post]
23 Jan 2023, 11:21 am by Mark Walsh
And to give people some guidance or give people some hope that that might happen. [read post]
23 Jan 2023, 7:30 am by Guest Blogger
It also includes the writings of such originalist scholars as well as Nathaniel Chapman, John Harrison, Kurt Lash, Michael McConnell, Ryan Williams, and Ilan Wurman. [read post]
21 Jan 2023, 3:46 am by SHG
While John Roberts may be chief justice, not even he had the authority to require it. [read post]
20 Jan 2023, 6:30 am by Guest Blogger
I understand that struggle as a process of collective identity-formation, one in which, as Baldwin understood, Black activists have continually challenged the United States to imagine itself as a multiracial democracy, and to develop and institutionalize values (including the legal values) consistent with that self-understanding.Neglecting that fact of contestation and expansion is the key mistake of reactionaries who have fought against changes in the identity of the demos like the principle of… [read post]
20 Jan 2023, 4:28 am by Emma Snell
  COVID-19 COVID-19 has infected over 101.958 million people and has now killed over 1.10 million people in the United States, according to data compiled by Johns Hopkins University. [read post]
14 Jan 2023, 9:19 am by Tom Smith
Wade have narrowed their inquiry to a small number of suspects including law clerks, but officials have yet to conclusively identify the alleged culprit, people familiar with the matter said.A day after the draft opinion was published last year by Politico, Chief Justice John Roberts assigned the Supreme Court’s marshal, Gail Curley, to investigate the leak. [read post]
14 Jan 2023, 6:30 am by Guest Blogger
I offer a couple of examples, written by Chief Justice Hughes (who was no slouch as a lawyer), out of many that could be deployed.[12]  Wood v. [read post]
13 Jan 2023, 2:07 pm by Eugene Volokh
In 2015, people anticipated that the Court would consider the question in Elonis v. [read post]
13 Jan 2023, 6:30 am by Guest Blogger
  John Ely cast his representation-reinforcement theory partly as a defense of Warren Court liberalism, though he rejected Roe v. [read post]