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6 Oct 2023, 11:54 am by David Kopel
[Amicus brief in Supreme Court's Second Amendment Rahimi case] This week amicus briefs were filed in United States v. [read post]
29 Sep 2023, 5:53 am by Eugene Volokh
Additionally, it is not always possible to know someone's personal pronouns based solely on visual observation, and allowing parties and attorneys to identify their personal pronouns for the courts removes ambiguity and the risk of misgendering an individual. [read post]
14 Sep 2023, 4:24 am by Michael C. Dorf
Our column anticipated that hypocritical lawyers working for Trump would say that the Electoral Count Act is unconstitutional, despite the Supreme Court's reliance on it in Bush v. [read post]
14 Sep 2023, 4:24 am by Unknown
That has been a growing question of concern now that the Supreme Court essentially dodged the question by remanding a recent case to lower courts while expressing doubts about whether the plaintiff could leverage Section 230 regarding video posts they said promoted terrorism, resulting in an attack that killed their loved ones (See also the companion case). [read post]
13 Sep 2023, 12:04 pm by Neil H. Buchanan
Bush Administration and for John McCain's 2008 presidential campaign). [read post]
2 Sep 2023, 11:21 pm by Frank Cranmer
The Grand Chamber relied upon the judgment of the UK Supreme Court in R v The Commissioner of Police for the Metropolis of 15 February 2017. [read post]
1 Sep 2023, 2:55 pm by Eugene Volokh
" Act 689 is Not Narrowly Tailored The Court first considers the Supreme Court's narrow-tailoring analysis in Brown v. [read post]
25 Aug 2023, 11:31 am by Eugene Volokh
Beginning in December 2021, the RNC observed a drop off of its messages' inboxing rate at the end of the month, a pattern that repeated in every subsequent month in 2022. [read post]
16 Aug 2023, 3:32 am by Michael C. Dorf
I also argue that even if we read Justice Alito to be making a narrower claim, he's mistaken: Congress has the power to regulate the ethics of Supreme Court Justices. [read post]
14 Aug 2023, 4:00 am by Eric Segall
The Supreme Court held in the 19th century that the Bill of Rights did not apply to the states, and it wasn't until 1925 that the Court applied the Amendment to the states because of its incorporation through the due process clause of the 14th Amendment. [read post]
12 Aug 2023, 10:18 am by Katitza Rodriguez
In the Supreme Court's Van Buren case for example, the Justice Department argued that a police officer who used a law enforcement database for an unauthorized purpose engaged in authorized access because his use was not allowed in the applicable use policy. [read post]
9 Aug 2023, 10:24 pm by Josh Blackman
Perhaps his most familiar decision was the Supreme Court case that came to be known as Plyler v. [read post]
7 Aug 2023, 9:56 pm by Ilya Somin
Over the last two years, the Supreme Court has used it in several major cases, including the eviction moratorium decision, the OSHA large-employer vaccine mandate case,  West Virginia v. [read post]
6 Aug 2023, 10:00 pm by Merpel McKitten
These foundational issues have kept black robed people busy for centuries and will continue to do so. [read post]