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Previously, the Court of Appeals for the Ninth Circuit applied reasoning advanced by Justice Kennedy’s concurrence in Rapanos v. [read post]
22 May 2023, 4:30 am by Lawrence Solum
This article begins, in Part One, with a consideration of the Roberts Court’s recent jurisprudence, focusing on three landmark opinions issued in June of 2022: Dobbs v Jackson Women’s Health Organization, Kennedy v. [read post]
19 May 2023, 8:53 am by Eric Goldman
A magalicious opinion that addresses the same basic topics as the more recent Kennedy v. [read post]
4 May 2023, 9:51 pm by Ilya Somin
I don't think anything in the Stevens papers is likely to persuade many people to change their minds about the case. [read post]
4 May 2023, 4:00 am by Eric Segall
 By Eric SegallTwenty years ago, Justice Sandra Day O'Connor wrote the following in Grutter v. [read post]
1 May 2023, 8:57 am by David Cole
In our democracy, Madison argued, “[t]he people, not the government, possess the absolute sovereignty,” and the people must be free to criticize those who govern them. [read post]
28 Apr 2023, 5:46 am by Michael C. Dorf
If free speech is for people, and corporations aren't people, then is there an element of hypocrisy in supporting a lawsuit by a corporation asserting its right to use its wealth and power with respect to a contentious political issue? [read post]
23 Apr 2023, 9:01 pm by renholding
Good morning, Chairman McHenry, Ranking Member Waters, and members of the Committee. [read post]
23 Apr 2023, 6:36 pm by Josh Blackman
Next, Biskupic writes about an "understanding" because Chief Justice Roberts and Justice Kennedy concerning Masterpiece Cakeshop and Pavan v. [read post]
11 Apr 2023, 5:55 am by Michael Dreeben
Why, they asked, should unelected Justices be empowered to strike down laws passed by the democratically elected Knesset, which represents the will of the people? [read post]
29 Mar 2023, 6:05 am by John Ramming Chappell
-Saudi relationship and hold the Saudi government accountable for abuses ranging from the brutal killing of Jamal Khashoggi to “murdering children and murdering innocent people” in Yemen. [read post]
27 Mar 2023, 5:30 am by Josh Blackman
Here, Biskupic is writing about Department of Commerce v. [read post]