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28 Nov 2023, 7:27 am by Sasha Volokh
Harper, suggests that these state legislative powers would be nondelegable, though the Supreme Court has rejected a strong version of this theory. [read post]
27 Nov 2023, 4:00 am by Michael C. Dorf
Raich (upholding the federal prohibition on possession of marijuana even when it is permissible under state law) has little to do with the Supreme Court's interpretation of the Commerce Clause or the Necessary and Proper Clause; rather, the cynic will say, the Justices (or at least some Justices) like guns but dislike drugs. [read post]
21 Nov 2023, 1:33 pm by Josh Blackman
The Supreme Court, often with lopsided majorities, protects the constitutional rights of very dangerous people. [read post]
16 Nov 2023, 4:00 am by Michael C. Dorf
As I have noted before, Justices on the Supreme Court who claim to be originalists often deploy a "two-step. [read post]
15 Nov 2023, 4:00 am by Michael C. Dorf
As I explained in August, notwithstanding Justice Alito's fatuous claim to the contrary, Congress has substantial power to regulate the Supreme Court, including with respect to its ethics. [read post]
13 Nov 2023, 10:26 pm by Ilya Somin
It's definitely a step in the right direction.The post Supreme Court Adopts Ethics Code appeared first on Reason.com. [read post]
10 Nov 2023, 9:20 am
Today is Veterans Day (Observed), so courts are closed. [read post]
9 Nov 2023, 4:56 am by Neil H. Buchanan
")Having experienced the outrage, it thus seems especially unfair that she did not live to see how US voters have responded to the Supreme Court's indefensible overturning of Roe. [read post]
7 Nov 2023, 10:25 am by Neil H. Buchanan
  He was already going to be an albatross around the necks of the Republican House members who claim to be moderate but who voted without exception for an election-denying back-bencher whose previous claim to fame was putting his name (and his name alone) on an amicus brief imploring the Supreme Court to allow Republicans in Texas to invalidate four other states' 2020 election results. [read post]
3 Nov 2023, 5:01 am by Eugene Volokh
The Supreme Court permitted the California court to exercise personal jurisdiction over the journalists, observing that they had engaged in intentional conduct "expressly aimed at California," not "untargeted negligence. [read post]
1 Nov 2023, 9:35 am by Michael C. Dorf
Yesterday the Supreme Court heard oral arguments in two cases that pose more or less the same question: under what circumstances, if any, does a government official's blocking of a constituent's access to the official's nominally private social media account constitute "state action" that could violate the First Amendment? [read post]
1 Nov 2023, 7:30 am
These are the articles from October: European Union: Court of Justice Rules 'Ne Bis In Idem' Principle May Protect Volkswagen from Paying High Fine in Italy Chile: Immigration Law Modified to Include Alternative Expulsion Procedure Notification Methods Latvia: New Law Introduces Compulsory Military Service Starting in January 2024 Egypt: National Elections Authority Issues New Decisions Regulating Presidential Elections New Zealand: Major Environmental and… [read post]
31 Oct 2023, 12:13 pm by Stephen Halbrook
[Merrick Garland tells Supreme Court to apply his new, vague test, not Bruen decision. ] On November 7, the Supreme Court will hear oral argument in United States v. [read post]
27 Oct 2023, 5:00 am by Eric Segall
Illinois, the Supreme Court upheld Myra Bradwell’s exclusion from the Illinois bar on the basis of gender.... [read post]
23 Oct 2023, 5:01 am by Eugene Volokh
In the specific context of excluding religious schools from participation in educational benefits programs, the Supreme Court has thrice held that a state may not exclude religious observers from receiving otherwise available educational  funding because of a school's religious status or practice. [read post]
20 Oct 2023, 2:23 pm by Will Baude
Decades later, when New York's legislature determined that there should be various regulations on bakeries (advantaging some bakers over others), the Supreme Court rejected the law in Lochner. [read post]
16 Oct 2023, 5:01 am by Eugene Volokh
As a legal matter, it turns out that the Supreme Court has considered the question, and held that the risk of criminal misconduct by a few readers doesn't justify blocking such speech from all other readers. [read post]
9 Oct 2023, 4:00 am by Eric Berger
The late Justice Antonin Scalia looms large over today's Supreme Court. [read post]