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16 Oct 2023, 6:30 am by Guest Blogger
For the Balkinization Symposium on Frank Michelman, Constitutional Essentials: On the Constitutional Theory of Political Liberalism (Oxford University Press, 2022)Frank Michelman Warm thanks to good friends for these smart and attentive commentaries. [read post]
6 Oct 2023, 12:25 pm by Dennis Crouch
by Dennis Crouch Today’s post introduces the new decision in Sisvel International S. [read post]
4 Oct 2023, 1:35 pm by Amy Howe
”  Chief Justice John Roberts was perhaps the strongest voice against finding that the case was moot. [read post]
3 Oct 2023, 2:33 pm by Amy Howe
Justice Neil Gorsuch echoed Thomas’s concern. [read post]
2 Oct 2023, 5:55 am by Colby Galliher
Justices Amy Coney Barrett, Alito, Thomas, Roberts, and Neil Gorsuch imposed that narrower criterion on the nation’s waterways and wetlands, ruling that such waterbodies must have a “continuous surface connection” with WOTUS to fall under the aegis of the CWA. [read post]
18 Sep 2023, 9:01 pm by Rodger Citron and Laura Dooley
 During a term in which close cases were decided by how Chief Justice John Roberts and Justice Brett Kavanaugh would vote (compare the voting rights case with the affirmative action case), two of Court’s most conservative justices, Neil Gorsuch and Clarence Thomas, joined its two most liberal justices, Sonia Sotomayor and Ketanji Brown Jackson, in upholding the Pennsylvania law against the claim that it violated the defendant corporation’s due process rights. [read post]
Robert Mallory was employed by Norfolk Southern but didn’t work on its railroads in Pennsylvania. [read post]
14 Aug 2023, 5:36 am by Guest Author
This is Volume IV of the major questions doctrine (“MQD”) reading list. [read post]
26 Jul 2023, 1:46 am by Seán Binder
Gaya Gupta and Neil MacFarquhar report for the New York Times. [read post]
21 Jul 2023, 1:32 am by Seán Binder
Shear, Neil MacFarquhar, and James C. [read post]
18 Jul 2023, 6:00 am by Josh Blackman
This case was 6-3, with Chief Justice John Roberts, and the progressives in the majority. [read post]
17 Jul 2023, 8:10 am by Josh Blackman
In each case, Chief Justice Roberts and Justice Kavanugh joined the three progressives. [read post]
16 Jul 2023, 9:01 pm by Austin Sarat
”It is time that Kavanaugh, Roberts, and their colleagues stopped trying to tell Judge Ponsor and millions of Americans not believe their lying eyes. [read post]