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15 Aug 2023, 9:01 pm by Michael C. Dorf
Recently and in response to Senate Republicans’ denying President Barack Obama the opportunity to fill the vacancy created by Justice Antonin Scalia’s death followed by their hypocritical rush to confirm President Donald Trump’s nominee to the vacancy created by Justice Ruth Bader Ginsburg’s death, many of the Court’s critics have called for Congress to expand the Court. [read post]
8 Aug 2023, 12:25 pm by Lawrence Solum
Donald Elliott (Yale University - Law School; Antonin Scalia Law School) has posted The On-Going Judicial Reconsideration of the Administrative State in the U.S. [read post]
31 Jul 2023, 11:50 am by Josh Blackman
"I have not joined Justice Thomas, Justice [Antonin] Scalia, Justice Gorsuch in saying we should get rid of the Dormant Commerce Clause," Justice Alito says. [read post]
19 Jul 2023, 6:00 am by Josh Blackman
In May 2016, then-candidate Donald Trump released a list of eleven possible candidates to fill the seat caused by Justice Antonin Scalia's passing. [read post]
18 Jul 2023, 6:00 am by Josh Blackman
Replacing Justice Antonin Scalia with Justice Neil Gorsuch, rather than Merrick Garland, or someone to his left, preserved the balance of the Court. [read post]
14 Jul 2023, 5:15 am by David Bernstein
Request for Paper Proposals Snapshot: Voices for Liberty, an initiative of the Liberty & Law Center at the Antonin Scalia Law School, seeks to examine the ways in which free speech propels civil and social progress. [read post]
13 Jul 2023, 9:16 pm by Tyler Hoguet
WHAT WE’RE READING THIS WEEK In a Cato Institute report, Jennifer Huddleston, Technology Policy Research Fellow at Cato and an adjunct professor at the Antonin Scalia Law School at George Mason University, argued that well-intentioned regulations crafted to keep minors safe online may cause more harm than good. [read post]
13 Jul 2023, 5:38 am by Jacob Wirz
 After all, the latter maxim was described by none other than Justice Antonin Scalia as firmly among the traditional tools of statutory construction. [read post]
12 Jul 2023, 9:05 pm by Monika U. Ehrman
Four justices, in a plurality opinion authored by Justice Antonin Scalia, decided that CWA protection was limited to either “relatively permanent, standing or continously flowing bodies of water” that are connected to navigable waters, or to “wetlands with a continuous surface connection to” the relatively permanent waters. [read post]
7 Jul 2023, 2:06 pm by Kalvis Golde
That theory was proposed in a dissent by Justices Antonin Scalia and Sandra Day O’Connor from the court’s 1988 decision in Pennell v. [read post]
6 Jul 2023, 11:28 am by Tom Smith
The Voting Rights Act of 1965 has been turned from protecting the right to vote to maximizing the number of minority elected officials—a “racial group entitlement to offices,” as the late Justice Antonin Scalia put it. [read post]
6 Jul 2023, 4:30 am by Lawrence Solum
Michael Greve (American Enterprise Institute (AEI); George Mason University - Antonin Scalia Law School, Faculty) has posted Delegation in Context (C. [read post]
27 Jun 2023, 9:01 am by Amy Howe
In an opinion joined by Justices Antonin Scalia and Thomas, Rehnquist contended that the recount ordered by a state court violated the legislature’s authority under the electors clause because it conflicted with the deadlines set by the state legislature. [read post]
25 Jun 2023, 10:54 am by Eugene Volokh
[Here's a draft of my article, on the constitutionality of anti-BDS laws and other related matters, forthcoming in a symposium at The University of the Pacific Law Review.] [read post]
20 Jun 2023, 9:01 pm by Albert W. Alschuler
The Court’s opinion by Justice Antonin Scalia declared: “[N]othing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons. [read post]
19 Jun 2023, 6:30 am
Kochan is a Professor of Law and the Executive Director of the Law & Economics Center at George Mason University’s Antonin Scalia Law School. [read post]
19 Jun 2023, 6:30 am
Kochan is a Professor of Law and the Executive Director of the Law & Economics Center at George Mason University’s Antonin Scalia Law School. [read post]
18 Jun 2023, 9:01 pm by Michael C. Dorf
If fully adopted, it would act as a very substantial limit on the power of Congress to assign executive authority to high-ranking personnel who do not serve at the pleasure of the President.For a leading example of what the unitary executive theory entails, consider Justice Antonin Scalia’s dissent from the Supreme Court’s 1988 decision in Morrison v. [read post]