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7 Jul 2022, 9:00 am by Neil H. Buchanan
  It is a good question.Given how important the Dobbs outcome was to the political movement that installed them in power, one might have thought that each of the five people in the majority would take special care not to, say, insult people's intelligence by citing Ruth Bader Ginsburg in supposed support of their analysis. [read post]
8 May 2025, 8:55 am by Lawrence Solum
It supports the thesis that the "plenary power" dictum of McPherson v. [read post]
16 Apr 2008, 2:06 am
For all the power of the American courts in the era of Brown v Board and Roe v Wade, most Americans would be bemused or shocked at the idea of the Justices choosing their own successors, not the President and the Senate. [read post]
5 May 2017, 7:51 am by Sever | Storey
Perhaps one of the most important eminent domain cases in recent years was Kelo v. [read post]
28 Aug 2024, 12:05 pm by ACLU
Harris on Surveillance The Facts: The government has vast, unprecedented powers to peer into people’s private lives. [read post]
13 Dec 2022, 5:00 am by Unknown
 If Grey is right, the case for serious reform of the Supreme Court in response to Dobbs v. [read post]
9 Jun 2008, 10:50 pm
The Defendant had already exercised its powers as to social housing in relation to the Claimants. [read post]
22 Jan 2018, 5:41 am by Eugene Volokh
A reader mentioned a claim that I'd heard before, which is that governments can only have powers, and only people can have rights. [read post]
19 Feb 2014, 4:05 pm by INFORRM
Even if it did, was the use of the power proportionate to the legitimate aim? [read post]
10 Sep 2016, 11:31 pm
The Court’s conclusion (at 391) as to the purpose of the section – ‘to create a free trade area throughout [Australia] and to deny to [the Central government] and States alike a power to prevent or obstruct the free movement of people, goods and communications across State boundaries’ – is presented both as the product of this political and drafting history and as justification for departure from the failed interpretive models of the past. [read post]