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13 Nov 2022, 9:01 pm by Laurence H. Tribe
He thereby not only injured the many lower-income and middle-income borrowers who have justifiably relied on the administration’s program of debt relief but also—and more importantly—further undermined the already frayed rule of law in the United States and contributed to the erosion of the indispensable role of the independent federal judiciary in preserving our constitutional republic.To add insult to injury, Judge Pittman adorned his adventure in what conservatives used to decry… [read post]
3 Apr 2024, 7:01 pm by Stephen Halbrook
Judge Harvie Wilkinson, who in 2009 called Heller a form of "judicial activism" akin to Roe v. [read post]
28 Jun 2022, 5:58 am by Bernard Bell
Charter Fishing Trip“To Have and Have Not” (Warner Bros. 1944) The National Marine Fisheries Service (“NMFS”) published a rule requiring owner and operators of for-hire vessel operating in the Gulf of Mexico to (1) install GPS devices that constantly archived the vessel’s locations, and (2) allow federal fisheries enforcement personnel access to the information. [read post]
25 Jul 2024, 9:01 pm by Joanna L. Grossman and Linda C. McClain
The calls to repeal no-fault divorce are nonsensical, but they result from the sexist attitudes that drove the overruling of Roe v. [read post]
24 Aug 2019, 6:30 am by Dan Ernst
(Center for History and Economics, Harvard University)Moderators: Elizabeth Lhost, Dartmouth College (elizabeth.d.lhost@dartmouth.edu) and Emma Rothschild, Harvard University (rothsch@fas.harvard.edu)Convener: Kalyani Ramnath, Harvard University (kalyaniramnath@fas.harvard.edu)Debjani Bhattacharya, Drexel University (db893@drexel.edu) South Asia 1Julia Stephens, Rutgers University (julia.stephens@rutgers.edu) South Asia 2Tatiana Seijas, Rutgers University… [read post]
9 May 2024, 11:30 am by Guest Blogger
  One of the “constitutional failures” he uncovers is the Court’s failure to find a right to drug use based on the same substantive due process analysis that determined cases like Roe v. [read post]
4 Aug 2022, 6:30 am by Guest Blogger
This post was prepared for a roundtable on Wrestling with Religious Diversity, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
5 Jul 2022, 6:27 am by Jeff Kosseff, Matthew Schafer
Robert Welch, which requires private-figure defamation plaintiffs to establish fault; and Philadelphia Newspapers v. [read post]
6 Jul 2014, 1:08 pm by Marty Lederman
In earlier posts, such as this one, I noted that in the context of commercial activities, the Supreme Court—and virtually every other court, for that matter—has consistently construed the Free Exercise Clause and religious accommodation statutes not to require religious exemptions from generally applicable regulations, from at least 1944 until this week. [read post]
7 Nov 2019, 12:00 pm by Ronald Collins
The following is a series of questions posed by Ronald Collins to Corey Robin in connection with Robin’s new book, “The Enigma of Clarence Thomas” (Metropolitan Books, 2019). [read post]
13 Oct 2023, 4:00 am by Jim Sedor
Robert Menendez is facing allegations he and his wife accepted “hundreds of thousands of dollars” in bribes. [read post]
7 Nov 2022, 7:19 am by Guest Author
Burwell that the MQD is serving as a kind of jurisdictional tool that’s meant to keep agencies from exceeding their zone of expertise, à la Chief Justice Roberts’s dissent in City of Arlington).The Pro-MQD Literature Historically, the MQD literature has been one-sided. [read post]
28 Sep 2020, 10:10 am by SCOTUStalk
And the president had promised while he was running for president back in twenty sixteen that he was going to appoint judges who would vote to overturn Roe versus Wade. [read post]
4 Jun 2009, 11:31 pm
  At Chief Justice Roberts' hearing four years ago, we heard him compare judges to umpires calling balls and strikes as they see them. [read post]