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4 Apr 2022, 4:30 am by Eric Segall
" Originalism should play such a role, according to McGinnis, because, among other things, Roe v. [read post]
14 Feb 2022, 9:01 pm by Michael C. Dorf
It is much harder to find two unexpected votes for a liberal outcome—as one must on a 6-3 Court—than to find just one. [read post]
3 Feb 2022, 7:58 pm by Ediberto Roman
The ideological divide on the Supreme Court will surely remain 6-3. [read post]
2 Feb 2022, 4:30 am by Eric Segall
The first Justice to be nominated after Roe, John Paul Stevens in 1975, was not asked a single question about abortion during his confirmation hearing. [read post]
25 Jan 2022, 5:14 am by Marcia Coyle
A string of 6-3 votes all going in one direction in politically-divisive cases could result in long-term damage to the institution in the eyes of the public. [read post]
30 Nov 2021, 8:45 am by Samuel Bray
 Scholars like John McGinnis, Melissa Murray, and Mark Tushnet have wondered (without endorsement) if the Court might claim to do that by applying Casey's rule against "undue burdens" on abortion. [read post]
29 Nov 2021, 4:00 am by Michael C. Dorf
Yet such non-textual tests, like, say, the Brandenburg test, are all that protect the likes of John Eastman from criminal prosecution for incitement to insurrection--if he is indeed protected. [read post]
2 Nov 2021, 12:27 pm by Eugene Volokh
May 8, 2017). [6] Rules 5.2 and 10(a) do provide that minors are [read post]
18 Oct 2021, 4:30 am by Eric Segall
Roe was 7-2, Casey was 3-4-2, and the decision this June will likely be 6-3 or 5-4. [read post]
4 Oct 2021, 12:02 pm by Josh Blackman
But that decision was a crowning achievement for former Reagan administration wunderkind John Roberts! [read post]