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9 Nov 2020, 9:01 pm by Michael C. Dorf
Although pundits have noted that Republicans have historically done better than Democrats in runoff elections in Georgia, it is not clear how relevant that history remains, given changing voting patterns. [read post]
9 Nov 2020, 7:59 am by SCOTUStalk
Lydia Wheeler, a senior legal reporter for Bloomberg Law, sits down with SCOTUStalk host Amy Howe to preview the case and discuss how the three newbies on the bench – Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett – may approach the constitutionality of the mandate and the legal doctrine known as severability. [read post]
9 Nov 2020, 6:28 am by Matthew Forys
”) Roberts continued in Part III-C to describe how the payment “looks like a tax. [read post]
7 Nov 2020, 10:32 am by Tom Goldstein
Constitution gives state legislatures the authority to determine how to count votes for president — unconstrained by the state constitution. [read post]
6 Nov 2020, 7:26 am by Brietta Clark
In particular, commentators point to statements in an essay written by newly confirmed Justice Amy Coney Barrett, which seem to indicate agreement with the NFIB dissenters on the mandate issue. [read post]
6 Nov 2020, 5:52 am by Gene Takagi
#EveryVoteCounts #ThankYouElectionHeroesCyndi Suarez: If no one thinks that it’s their job to create the space, how do we get started? [read post]
6 Nov 2020, 5:02 am by Eugene Volokh
The new Justice, Amy Coney Barrett, whom most people assume is not a friend to the Smith decision, pointedly asked CSS's counsel: [Y]ou argue in your brief that Smith should be overruled. [read post]
4 Nov 2020, 6:37 pm by Amy Howe
This article was originally published at Howe on the Court. [read post]
4 Nov 2020, 5:36 pm by Amy Howe
The court’s newest justice, Amy Coney Barrett, appeared less enthusiastic about overruling Smith. [read post]
4 Nov 2020, 4:56 pm by Eugene Volokh
Supreme Court Justice Amy Coney Barrett should reconsider her position about abortion and stare decisis. [read post]
4 Nov 2020, 2:35 pm by Alexandra Brod
Well, the newly appointed Justice Amy Coney Barrett makes for a conservative majority on the Supreme Court. [read post]
4 Nov 2020, 1:27 pm by Amy Howe
This article is the first entry in a symposium previewing California v. [read post]
3 Nov 2020, 4:00 pm
            When and how to count ballots is a matter of state law. [read post]
3 Nov 2020, 3:08 pm by Everlaw
AJ Shankar How important is legal literacy for citizens today? [read post]
3 Nov 2020, 2:04 pm by Amy Howe
Justice Amy Coney Barrett suggested that Jones should have brought a different challenge. [read post]
3 Nov 2020, 12:58 pm by Sam Callahan and Allon Kedem
But Harris’ responses to the chief justice did not stop several of the other justices — including Justices Samuel Alito, Clarence Thomas, Neil Gorsuch and Amy Coney Barrett — from returning frequently to Section 231g. [read post]