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6 Sep 2018, 9:01 pm by Neil H. Buchanan
Wade will be repealed (with abortion still possibly legal on a state-by-state basis) but whether the Court would invent a doctrine under which abortion would be constitutionally prohibited nationwide.Beyond abortion, I asked whether even Griswold v. [read post]
1 Aug 2018, 3:25 am by David Kopel
" (1 Frank Hall, History of the State of Colorado 210 (1889). [read post]
26 Jul 2018, 4:00 am by Administrator
This article’s thesis is that to whatever degree digital media poses a threat of disruption to a common law legal system, this disruptive effect will be more acute in Canada than in the United States or England. [read post]
11 Jul 2018, 9:01 pm by Neil H. Buchanan
Although “The Anthony Kennedy Show” has now been superseded by what will surely be an entertaining but entirely predictable renewal of “The Confirmation Show: Now Even More Evasive,” it is still valuable to consider Justice Kennedy’s hand in the Supreme Court’s hard-right turn that paid off so handsomely for conservative activists this year.In some ways, the most perversely interesting opinion that the Court’s Conservative Five handed down last month was in… [read post]
2 Jul 2018, 9:01 pm by Neil H. Buchanan
Similarly, Kennedy’s willingness to join with former Justices Sandra Day O’Connor and David Souter in protecting women’s right to choose in the 1992 Casey decision was important, to put it mildly.Even so, there were more than a few items on the other side of the ledger, including Kennedy’s cowardly vote in Bush v. [read post]
27 Jun 2018, 9:01 pm by Neil H. Buchanan
In other words, Roberts and Ginsburg were in unexpected positions.This reminded me of another Supreme Court case pertaining to state tax issues, 2015’s Comptroller of Treasury of Md. v. [read post]
23 Apr 2018, 4:00 am by Akhil Amar
" He had been tipped off about the Supreme Court’s decision in the Dred Scott v. [read post]
12 Apr 2018, 4:07 am by Edith Roberts
” At Ricochet, Richard Epstein argues that in South Dakota v. [read post]
10 Apr 2018, 9:01 pm by Neil H. Buchanan
The Supreme Court has now heard oral arguments in two gerrymandering cases this term, and the world wonders whether Justice Anthony Kennedy will at last carry through on his suggestion in 2004’s Vieth v. [read post]
16 Mar 2018, 4:34 am by Edith Roberts
” The editorial board of the New York Sun deplores the fact that “the State Department just signed a brief that puts the Trump administration on the side of the PLO — and against American victims of terror” in Sokolow v. [read post]
21 Feb 2018, 9:01 pm by Neil H. Buchanan
First, he mentions the US Supreme Court’s “with all deliberate speed” language from what has become known as Brown II, the Court’s follow-up to its groundbreaking Brown v. [read post]
22 Jan 2018, 11:57 am by Ezra Rosser
Abstract below: This article examines the impact of the Supreme Court decision in Buchanan v. [read post]