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22 Feb 2019, 6:19 am by MBettman
” United States v Salerno, 481 U.S. 739, 755 (1987). [read post]
22 Feb 2019, 4:03 am by Edith Roberts
At Bloomberg Law, Jordan Rubin and Kimberly Robinson report that in separate concurrences, Justices Clarence Thomas and Neil Gorsuch supported “incorporating the Eighth Amendment’s excessive fines clause to the states by way of the privileges or immunities clause instead of via the Fourteenth Amendment’s due process clause,” “a view of the Constitution that could be incredibly consequential were it to eventually find favor with a majority of justices. [read post]
21 Feb 2019, 5:00 am by Elizabeth Allan, Scott R. Anderson
These latter procedures, however, have been constitutionally suspect since the Supreme Court’s 1983 decision in INS v. [read post]
20 Feb 2019, 9:01 pm by Neil H. Buchanan
Because Democrats have passed laws in some states to protect the status quo, should the Supreme Court—freshly packed by Republicans with extreme ideologues—turn the question of abortion rights back to the states by overturning Roe v. [read post]
20 Feb 2019, 2:37 pm by admin
Introduction In going all the way to the United States Supreme Court, Kelo v. [read post]
20 Feb 2019, 2:13 pm by admin
In either event, title would not pass to the condemning agency unless and until a verdict favorable to the agency was rendered. [read post]
20 Feb 2019, 10:32 am by admin
Thaddeus Stevens,18 wanted to grant freed slaves full civil rights, both out of moral sentiment and to create a Republican power base.19 The “black codes”20 and laws that denied freedmen entry into the states21 hampered the Radicals’ goals, as did Supreme Court precedent favoring states rights (often regarding slavery).22 After President Johnson vetoed23 a civil rights bill24 that would have eliminated the black codes, Stevens sought to usurp power from the… [read post]
20 Feb 2019, 4:16 am by Edith Roberts
In the death penalty case, Moore v. [read post]
20 Feb 2019, 3:00 am by Daniel E. Cummins
Hornak of the United States District Court for the Western District of Pennsylvania in the case of Kirkpatrick v. [read post]