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17 Nov 2021, 7:37 am by James Romoser
Here’s the Wednesday morning read: Supreme Court Year in Review: Four Overlooked Cases (Lexology) The Supreme Court Should Hold Its Fire on New York’s Gun Law (Editorial, Bloomberg) A Behind-the-Scenes Look at the Conservative Supreme Court (John Casey, The Advocate) A Question by Justice Thomas During the Second Amendment Argument Inadvertently Exposes a Weakness of his Originalist Philosophy (Michael C. [read post]
14 Nov 2021, 4:28 pm by Josh Blackman
There are many, many consequences for originalism, if Dobbs reaffirms Roe and Casey. [read post]
13 Nov 2021, 12:54 pm by Josh Blackman
Chief Justice Rehnquist accurately characterized this dilemma in his handdown of Casey. [read post]
8 Nov 2021, 4:30 am by Eric Segall
Casey, and Texas does not even argue to the contrary, the Justices should not hesitate to enjoin any and all state court lawsuits brought to enforce SB-8 and any and all Texas judges from hearing such lawsuits. [read post]
27 Oct 2021, 6:21 am by Michael C. Dorf
Casey, and Whole Woman's Health, but that so long as those cases were not overruled, he's going to follow stare decisis on smaller points. [read post]
18 Oct 2021, 4:30 am by Eric Segall
Roe was 7-2, Casey was 3-4-2, and the decision this June will likely be 6-3 or 5-4. [read post]
4 Oct 2021, 12:02 pm by Josh Blackman
" The stronger inference is that Ayer agrees with Roe, or at least agrees with Casey. [read post]
20 Sep 2021, 9:45 pm by Josh Blackman
" Letter from Thomas Jefferson to Samuel Kercheval (July 12, 1816). [read post]
Casey as evidence that “nearly fifty years of precedent [holds] that it is unconstitutional to ban abortion before viability. [read post]
19 Sep 2021, 9:26 pm by Josh Blackman
And Justice Barrett, Thomas, and Breyer were responding to questions from the public. [read post]
1 Sep 2021, 10:18 pm by Josh Blackman
Justices Thomas, Alito, Gorsuch, Kavanaugh, and Barrett denied all relief. [read post]
25 Aug 2021, 8:27 am by Josh Blackman
Thomas replied, "Senator, I cannot remember personally engaging in those discussions. [read post]
17 Aug 2021, 6:24 am by Jonathan H. Adler
Assuming Clarence Thomas still got the next nomination, the Court would likely have overturned Roe in Casey. [read post]