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25 Oct 2021, 9:39 am
The vote was 5-4. [read post]
19 Oct 2021, 4:32 am
[Law Professors Pick Their Battles] Last week I asked for modern examples of those who had done what John Hart Ely did with respect to Roe: Here is a (1) professor at a top law school writing (2) an article in a top law journal, that (3) strongly criticized the legality of a recent Supreme Court decision while (4) noting that he strongly endorsed the decision as a matter of policy, and did not think it would cause any bad consequences. [read post]
18 Oct 2021, 1:04 pm
Chief Justice John Roberts dissented from the court’s order, calling the Texas scheme “unprecedented. [read post]
18 Oct 2021, 4:30 am
Roe was 7-2, Casey was 3-4-2, and the decision this June will likely be 6-3 or 5-4. [read post]
14 Oct 2021, 9:55 pm
Wade despite thinking it was good policy] This week I taught John Hart Ely's remarkable article, The Wages of Crying Wolf: A Comment on Roe v. [read post]
23 Sep 2021, 8:16 pm
The request came just over three weeks after the Supreme Court, in a 5-4 decision, declined to block the law from going into effect, instead sending the case back to the lower courts. [read post]
13 Sep 2021, 2:30 pm
But their votes were essential to the 5-4 majority. [read post]
10 Sep 2021, 12:30 pm
Dissent: The Supreme Court hasn't overruled Roe v. [read post]
3 Sep 2021, 5:01 am
John G. [read post]
2 Sep 2021, 6:00 am
” Josh Gerstein of Politico reports that “Supreme Court declines to block Texas abortion law; Justices split, 5-4, as Chief Justice John Roberts joins the court’s liberals in dissent. [read post]
2 Sep 2021, 4:58 am
The vote was 5-4, with Chief Justice John Roberts joining the court’s three liberal justices – Stephen Breyer, Sonia Sotomayor and Elena Kagan – in dissent.The case, Whole Woman’s Health v. [read post]
1 Sep 2021, 11:26 pm
The vote was 5-4, with Chief Justice John Roberts joining the court’s three liberal justices – Stephen Breyer, Sonia Sotomayor and Elena Kagan – in dissent. [read post]
Why Carefully Designed Public Vaccination Mandates Can—and Should—Withstand Constitutional Challenge
12 Aug 2021, 5:01 am
In his opinion for the majority, Justice John Marshall Harlan recognized that the Fourteenth Amendment does impose some limits on the police power of the states, reasoning that the “power of a local community to protect itself against an epidemic ... might be exercised in particular circumstances and in reference to particular persons in such an arbitrary, unreasonable manner, or might go so far beyond what was reasonably required for the safety of the public, as to authorize or… [read post]
2 Aug 2021, 1:50 am
Casey (1992), in which the court upheld Roe’s “essential holding” 5-4. [read post]
30 Jul 2021, 7:00 am
On November 25 last year, the court ruled, 5 to 4, that New York Gov. [read post]
23 Jul 2021, 5:09 am
In 2018, a 5-4 conservative majority discarded a 41-year-old decision in Janus v. [read post]
2 Jul 2021, 3:37 pm
In contrast, only 12% of cases (8 total) were decided 5-4, a sharp drop-off from the 20% average since John Roberts became chief justice in 2005. [read post]
21 May 2021, 6:22 am
Russo ruled 5-4 to strike down a Louisiana law requiring abortion providers to have admitting privileges at a local hospital. [read post]
6 Apr 2021, 2:11 pm
EMPLOYMENT PRACTICE 4. [read post]
3 Mar 2021, 6:30 am
McSweeney, Priests of the Law: Roman Law and the Making of the Common Law's First Professionals John Hudson Michael A. [read post]
