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22 Oct 2018, 3:02 am by Walter Olson
“The Supreme Court should…reaffirm that the Constitution’s prohibition against ex post facto lawmaking forbids states from skirting constitutional scrutiny by simply labeling penalties as ‘civil'” [Ilya Shapiro and Nathan Harvey on Cato certiorari brief in Bethea v. [read post]
The United States Court of Appeals for the Fifth Circuit Monday ruled that the Texas State Supreme Court must consider questions of enforcement of controversial abortion law SB8 before Whole Woman’s Health v. [read post]
5 Aug 2015, 5:03 am by Timothy P. Flynn
While Lockridge's appeals were pending, an interesting thing happened: the SCOTUS decided Alleyne v United States which held that a judgment of sentence could not be based on a fact that: a) defendant did not admit or, b) was determined to exist beyond a reasonable doubt by a jury.In last week's opinion, the Supreme Court, addressing defendant's Alleyne challenge to his sentence, held that Michigan's mandatory sentencing guidelines were unconstitutional based on… [read post]
6 Nov 2018, 4:09 pm by INFORRM
As the famous (or perhaps infamous) “Declaration of Cyber Independence” in 1996 by John Perry Barlow stated, “Where there are real conflicts, where there are wrongs, we will identify them and address them by our means. [read post]
7 Dec 2016, 2:11 am by Blog Editorial
James Wolffe QC, now appears in support of the Respondents. 15.16 Lavery QC states that the will of Parliament should not overrule the will of the Irish people and that the triggering of article 50 without their consent would do just that. 15.14 Lavery QC says that Northern Ireland has a complex constitutional settlement that is legally binding as a result of  section 1 of the Northern Ireland Act 1998. 15.10  Lavery QC says that section 1 of the Northern Ireland Act… [read post]
5 Aug 2016, 3:44 am by Amy Howe
Briefly: In The New York Times, Peter Henning reports on Salman v. [read post]