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19 Feb 2012, 8:55 pm by Lawrence Solum
The current Supreme Court has at least two members who seem strongly influenced by originalist constitutional theory--Associate Justices Antonin Scalia and Clarence Thomas and two others, John Roberts and Samuel Alito who may also be receptive to originalist arguments. [read post]
7 May 2023, 6:00 am by Lawrence Solum
  Two others Justices, Samuel Alito, and Brett Kavanaugh have called themselves originalists and are receptive to originalist arguments, although seem to be open to arguments that precedent should prevail over original meaning, at least in some categories of cases. [read post]
28 Mar 2017, 12:10 pm by Quinta Jurecic, Helen Klein Murillo
Yates’s lawyer responded with letters to Acting Assistant Attorney General Samuel Ramer and White House Counsel Don McGahn asserting that Yates’s testimony was not privileged. [read post]
30 Oct 2018, 8:00 am by Guest Blogger
Most members of the seventeenth- and eighteenth-century English-speaking world—from Matthew Hale and William Blackstone to James Otis and Samuel Adams—assumed that constitutions were fixed but changing. [read post]
28 Aug 2014, 3:36 am by Marty Lederman
 (Mullet said that beard and hair cuttings would stop people from being “Amish hypocrites. [read post]
15 Feb 2017, 9:30 am by Jordan Brunner
Calling the prison a “vital mission,” and “an invaluable asset,” and criticizing former President Barack Obama’s “blatant disregard for the safety of the American people,” the eleven senators supported “expanding the utilization of the detention facility during your administration by detaining current and future enemy combat [read post]
14 Feb 2017, 10:23 am by Jordan Brunner
Eight separate attacks resulted in the death of nine civilians, including four children, and wounded roughly 200 people. [read post]
7 Jun 2019, 6:30 am by Sandy Levinson
., Frankfurter's opinions first in Gobitis and then his angry and anguished dissent in Barnette that helped to establish the split within liberalism between those who believed in "judicial restraint" and those who were beginning to rally around what came to be called "Footnote 4" liberalism instantiated in such decisions as Brown and then, perhaps most strikingly, Baker v. [read post]
12 Mar 2018, 3:00 am by William Ford
Supreme Court last cited one of its pieces in McDonald v. [read post]
7 Sep 2022, 6:30 am by Guest Blogger
Sometimes the heavens fall when people blindly follow rules that no longer serve their original purposes; sometimes the heavens fall when people insouciantly break rules that seem inconvenient at the moment. [read post]
27 Mar 2016, 2:54 pm
Section V then posits an alternative analysis, normatively autonomous (though not entirely free) of the orbit of the state, a vision possible only when the ideological presumptions of the state are suspended. [read post]
19 Mar 2018, 12:15 pm by Ronald Collins
He changed the way people talked about how to read a statute or a constitutional provision. [read post]
16 Mar 2024, 6:16 am by Don Chen
The debate over what is often termed “jawboning” will come before the Supreme Court, which will hear arguments in Murthy v. [read post]
25 Nov 2020, 1:05 pm by Kalvis Golde
He promoted abolitionist causes until his death, 52 years before the court cemented slavery’s place in our antebellum Constitution in Dred Scott v. [read post]
14 Jun 2022, 6:30 am by Guest Blogger
  But Dinan focuses on something even more important about most of the states: With only one exception (Delaware), they reject what Madison was so proud of in Federalist 63, i.e., the removal from “we the people” of even an iota of an ability to engage in direct governance. [read post]
31 Jul 2023, 11:50 am by Josh Blackman
Yet he emphasizes that "we don't always line up 6-3, 5-4, the way some people tend to think. [read post]