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31 Jan 2023, 4:30 am by Michael C. Dorf
That's inconsistent with both the letter and spirit of the one Supreme Court case that construes Section 4, Perry v. [read post]
8 Jan 2023, 6:30 am by Guest Blogger
What he did not do, obviously, was either to agree with his predecessor James Buchanan, that the national government was without the power to prevent secession even if, as Buchanan in fact believed, that would be illegal, or to embark on serious negotiations with the South as to how to achieve some sort of peaceful secession. [read post]
29 Dec 2022, 9:05 pm by Victoria Hawekotte
  JUNE The Supreme Court, in a 6-3 decision, overturned Roe v. [read post]
19 Dec 2022, 12:46 pm
Justice Buchanan writes the majority opinion and says:In Kaiser Foundation Hospitals v. [read post]
15 Nov 2022, 9:01 pm by Neil H. Buchanan
If a state were to pass a law today saying that, say, its governor will decide which slate of electors will represent the state in the Electoral College every four years, that law would not violate the United States Constitution.Now, however, such laws have no prospect of being passed in enough states to guarantee a Republican win in 2024. [read post]
10 Aug 2022, 11:18 am by Neil H. Buchanan
Buchanan During the more than seven years that I have been warning about the inevitable end of constitutional democracy in the United States, I have almost exclusively focused on the legal mechanics of how this process will play out. [read post]
7 Jul 2022, 9:00 am by Neil H. Buchanan
Buchanan  The pure hubris of the majority opinion in Dobbs continues to amaze. [read post]
7 Jun 2022, 9:01 pm by Neil H. Buchanan
There has already been an outpouring of commentary on the leaked opinion in the Supreme Court’s pending Dobbs case, in which Samuel Alito (apparently joined by four of his colleagues) will not only decide that Mississippi’s 15-week cutoff for abortion access is constitutional but that Roe v. [read post]