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4 Apr 2024, 6:32 am by Michael C. Dorf
Wade--was a Burger Court decision, as was its compromise ruling on affirmative action, Regents of the Univ. of California v. [read post]
22 Jan 2024, 4:30 am by Michael C. Dorf
Madison, the power to "say what the law is"; Chevron violates that fundamental principle because it authorizes executive branch (and even independent) agencies to say what the law is.Strengthen the nondelegation doctrine, conservative Justices and advocates say, because Article I vests "all legislative power" enumerated in the Constitution in Congress; legislative power is, as Chief Justice Burger said for the Court in INS v. [read post]
20 Dec 2023, 12:00 pm by Steven Calabresi
  They think about the Appointments Clause and the separation of powers, which it protects, in exactly the same way as I do, and not as the Burger Court did when it decided the erroneous precedent of United States v. [read post]
1 Dec 2023, 3:45 pm by Legal Aggregate
(I had met previously with Justice Warren Burger and recall also thinking that her questions were more intelligent than his.) [read post]
1 Dec 2023, 7:23 am by Amy Howe
ShareSandra Day O’Connor, a self-described “Arizona cowgirl” who made history as the first woman to serve as a Supreme Court justice, died on Friday in Phoenix, Arizona. [read post]