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19 Dec 2022, 4:00 am by Eric Segall
Speaking of originalism, as I recently wrote on this blog, Bruen may well be the most anti-originalist opinion in American history:Justice Thomas said that the only legitimate methods of constitutional interpretation for judges to use are text and history and that courts should not balance public policy concerns against the weight of asserted rights. [read post]
14 Dec 2022, 4:39 am by Lawrence Solum
Glenn Cohen (Harvard Law School) has posted Reproductive Technologies and Embryo Destruction After Dobbs (ROE V. [read post]
13 Dec 2022, 4:00 am by Michael C. Dorf
Nixon understands that most Quakers deem the carrying of firearms inconsistent with their commitment to peace, but she reads scripture to permit the use of deadly force when strictly necessary in self-defense or justified defense of others. [read post]
12 Dec 2022, 9:43 am by Stephen Halbrook
This is supported by the analyses of three Supreme Court justices—Justice Thomas (the author of Bruen) in his dissent from denial of cert in Friedman v. [read post]
12 Dec 2022, 7:23 am by INFORRM
The draft decision represents approval of US commitments under the proposed EU-US Data Privacy Framework concerning intelligence agencies’ access to EU personal data, Politico Pro reports. [read post]
12 Dec 2022, 4:00 am by Eric Segall
As I said above, Bruen may well be the most anti-originalist opinion in history.The abortion decision, Dobbs v. [read post]
9 Dec 2022, 1:45 pm by Ellena Erskine
” The Democrats used the hearing to argue that the lobbying Schenck conducted was a case study in the problems surrounding judicial ethics. [read post]
7 Dec 2022, 8:57 pm by Ronald Mann
ShareUnless they find another case in the next few weeks, the argument Tuesday in Bartenwerfer v. [read post]