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30 Jun 2023, 4:00 am by Jim Sedor
The lawsuit by Stephen Richer, the Maricopa County recorder, marks the most aggressive attempt to hold Lake and her allies accountable for election-related misinformation. [read post]
30 Jun 2023, 3:03 am by SHG
Bollinger in 2003, Justice Sandra Day O’Connor, in her majority opinion, raised two difficult questions. [read post]
29 Jun 2023, 9:15 pm by Sri Medicherla
Writing for the majority, Chief Justice Roberts wrote that each “student must be treated based on his or her experiences as an individual—not on the basis of race. [read post]
29 Jun 2023, 5:14 pm by Michael C. Dorf
Near the end of the majority opinion of Chief Justice Roberts in Students for Fair Admissions v. [read post]
29 Jun 2023, 12:55 pm by Scott Bomboy
In her dissent, Justice Sotomayor argued that "the Equal Protection Clause of the Fourteenth Amendment enshrines a guarantee of racial equality. [read post]
Writing for the 6-3 majority, Chief Justice John Roberts explained that a student “must be treated based on his or her experiences as an individual — not on the basis of race. [read post]
29 Jun 2023, 9:36 am by Will Baude
In other words, the student must be treated based on his or her experiences as an individual—not on the basis of race. [read post]
29 Jun 2023, 9:31 am by Amy Howe
But a student “must be treated based on his or her experiences as an individual — not on the basis of race,” Roberts wrote. [read post]
29 Jun 2023, 7:11 am by William A. Jacobson
Chief Justice Roberts for the 6-3 majority: "The race-based admissions systems that respondents employ also fail to comply with the twin commands of the Equal Protection Clause that race may never be used as a “negative” and that it may not operate as a stereotype" and a "student must be treated based on his or her experiences as an individual—not on the basis of race. [read post]
28 Jun 2023, 11:00 am by Guest Blogger
  However, Updike Toler makes her own misstep in her post: she implies that her own history is neutral, reproducing the same selection bias for which she critiques the Justices. [read post]
28 Jun 2023, 10:30 am by Guest Blogger
But surely we would want to distinguish between the Warren Court’s expansion of democratic rights and the Roberts Court’s retraction of them? [read post]
28 Jun 2023, 8:01 am by Mark Ashton
Kagan wrote the majority opinion joined by Roberts, Alito, Kavanaugh and Jackson. [read post]
28 Jun 2023, 5:32 am by John Coyle
Indeed, it’s possible that Sotomayor joined the majority precisely because of her consistent concern that the Roberts Court has gone too far in paring back both general and specific jurisdiction under International Shoe. [read post]
27 Jun 2023, 7:32 pm by Howard Bashman
Marimow and Robert Barnes of The Washington Post report that “Supreme Court says a conviction for online threats violated 1st Amendment; Prosecutors must show that a person responsible for threats understood the threatening nature of that speech, justices say. [read post]
27 Jun 2023, 2:14 pm by Eugene Volokh
Justice Gorsuch joined the parts of Justice Sotomayor's opinion related to stalking, to leaving the recklessness-or-something-more question for later, and to rejecting a mere negligence standard; he doesn't join her endorsement of requiring purpose or knowledge. [read post]
27 Jun 2023, 10:44 am by Amy Howe
Those threats caused the victim to fear for her life, and they ‘upended her daily existence. [read post]
27 Jun 2023, 9:34 am by Michael C. Dorf
VP Harris might attempt to accept the genuine slate, but any decision of hers would be subject to override by the full joint session of Congress on January 6, 2025. [read post]