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21 Mar 2024, 7:37 am by Amy Howe
Under the Supreme Court’s 2019 decision in Nieves v. [read post]
20 Mar 2024, 9:01 pm by Michael C. Dorf
B. 4 remains enjoined.Chaos in the CourtsJustice Sotomayor began her dissent in Texas v. [read post]
In her dissent, joined by Justice Jackson, Justice Sotomayor argued that the Texas law “upends the federal-state balance of power that has existed for over a century, in which the National Government has had exclusive authority over entry and removal of noncitizens. [read post]
19 Mar 2024, 4:00 am by Michael C. Dorf
However, that would be truly radical, and I have no reason to think that she is in favor of such a drastic curtailment of free speech doctrine.(2) Justice Jackson hasn't thought through where her leave-it-to-strict-scrutiny position leads.(3) Justice Jackson actually agrees with the plaintiffs in Murthy v. [read post]
5 Mar 2024, 8:13 am by Marty Lederman
Here are a few preliminary thoughts about the Court’s decision yesterday in Trump v. [read post]
5 Mar 2024, 4:00 am by Michael C. Dorf
I was not surprised by the outcome or even the unanimity of the result in Trump v. [read post]