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Thus, according to Alabama and Justice Thomas (who was joined in whole by Justice Neil Gorsuch and in part by Justices Samuel Alito and Amy Coney Barrett), there was no racially discriminatory effect.In response to that contention, the majority cited Gingles. [read post]

Verdict - http://verdict.justia.com/

How Competent Do Republicans Have to Be to Turn the US Into a One-Party State?

8 Jun 2023, 10:48 am by Neil H. Buchanan

by Neil H. [read post]

Dorf on Law - http://www.dorfonlaw.org/

President Biden’s “Win” in the Debt Ceiling Battle Was a Better Result than Expected, But Dangerous Nonetheless

6 Jun 2023, 9:01 pm by Neil H. Buchanan and Michael C. Dorf

In short order over the last two weeks, the latest debt ceiling crisis was defused, the date of the next crisis was all but set in stone, and the political class quickly moved on to “previously scheduled programming”—that is, to the many ongoing crises that the debt ceiling standoff had pushed off the front pages for more than a month.Hindsight bias may leave the impression that this result was foreordained, but it was not. [read post]

Verdict - http://verdict.justia.com/

A Rare Case of Left-Progressives Doing What Centrists Accuse them of Doing All the Time

6 Jun 2023, 1:07 pm by Neil H. Buchanan

by Neil H. [read post]

Dorf on Law - http://www.dorfonlaw.org/

What Don’t You Understand About Apprehension of Bias?

6 Jun 2023, 8:32 am by Patricia Hughes

Neil; Rules 3.4-17 to 3.4-23 of the Law Society of Ontario’s Rules of Professional Conduct [“LSO’s Rules”]). [read post]

Slaw - http://www.slaw.ca/

The Fire Next Time: Before You Know It, The Debt Ceiling Will Return

5 Jun 2023, 4:00 am by Michael C. Dorf

by Neil H. [read post]

Dorf on Law - http://www.dorfonlaw.org/

[Conor Clarke] Why the Debt Limit Is (Still, Really) Constitutional

30 May 2023, 6:04 am by Conor Clarke

And this isn't some self-indulgent executive theory of executive power—this is Congress's own advice we're talking about. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Supreme Court Greenlights Pre-enforcement Challenges to FTC and SEC Proceedings

30 May 2023, 6:00 am by DONALD SCARINCI

Next, is the claim “wholly collateral” to the statute’s re- view provisions? [read post]

Constitutional Law Reporter - https://constitutionallawreporter.com/

The "Dark Donald" Scenario Underscores the President's Lack of Prioritization Authority

27 May 2023, 10:44 am by Michael C. Dorf

by Neil H. [read post]

Dorf on Law - http://www.dorfonlaw.org/

There is No Historical Precedent for Prioritization in a Debt Ceiling Crisis

25 May 2023, 10:22 am by Michael C. Dorf

by Neil H. [read post]

Dorf on Law - http://www.dorfonlaw.org/

[Eugene Volokh] No Pseudonymity for Woman Suing Mike Tyson, Alleging He Raped Her 30 Years Ago

25 May 2023, 10:14 am by Eugene Volokh

[But] even assuming there were no "leak" of C.D.'s identity as the case proceeded, "[b]eing 're-exposed' to the perceived wrong [of which he complains] is an inevitable consequence of litigation itself. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Does SCOTUS Get Art?

20 May 2023, 3:27 am by SHG

#NoFairUse @Elena: They’re not similar. [read post]

Simple Justice - http://blog.simplejustice.us

[Josh Blackman] Sotomayor and Kagan "Go Back To School" Each Other in Warhol v. Goldsmith

19 May 2023, 2:46 pm by Josh Blackman

#Institution You're welcome. [read post]

The Volokh Conspiracy - http://www.volokh.com/

SCOTUS Endorses Animal Welfare

18 May 2023, 9:01 pm by Michael C. Dorf

I hope they’re right because basic economics tells us that an increase in price will in turn reduce demand. [read post]