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19 Dec 2022, 4:00 am
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]
17 Dec 2022, 9:05 pm
The 1984 case Chevron v. [read post]
17 Dec 2022, 11:02 am
” Thomas v. [read post]
14 Dec 2022, 10:15 am
— (2022), slip op. at *13 (Thomas, J., dissenting from denial of cert.). [read post]
14 Dec 2022, 7:28 am
That is the authority Congress is using here. [read post]
14 Dec 2022, 4:39 am
Glenn Cohen (Harvard Law School) has posted Reproductive Technologies and Embryo Destruction After Dobbs (ROE V. [read post]
13 Dec 2022, 5:57 pm
Justice Clarence Thomas stated that Obergefell should be re-examined in his June concurrence to Dobbs v. [read post]
13 Dec 2022, 4:00 am
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
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, 9:25 am
In Gomez v. [read post]
12 Dec 2022, 7:23 am
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
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, 3:35 pm
Thomas (1987) 482 U.S. 483, 490.) [read post]
9 Dec 2022, 1:45 pm
” The Democrats used the hearing to argue that the lobbying Schenck conducted was a case study in the problems surrounding judicial ethics. [read post]
8 Dec 2022, 9:38 am
Windsor and Obergefell v. [read post]
8 Dec 2022, 8:56 am
The Supreme Court’s cert grant last June in Moore v. [read post]
8 Dec 2022, 4:00 am
Even setting aside Bush v. [read post]
7 Dec 2022, 8:57 pm
ShareUnless they find another case in the next few weeks, the argument Tuesday in Bartenwerfer v. [read post]
7 Dec 2022, 2:22 pm
The dispute before the court in Moore v. [read post]
6 Dec 2022, 11:40 pm
I remember her as a witness who came across as trustworthy, knowledgeable, and fairly balanced in the FTC v. [read post]