Search for: "Dale Moreno"
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31 May 2012, 9:12 am
(Dale Carpenter) The opinion is here. [read post]
26 May 2009, 3:29 am
Nimock.05/28/09 San Diego Union-Tribune, by Glen Lavy, senior vice president and senior counsel for the Alliance Defense Fund05/27/09 Waldlaw Blog, by Deborah Wald (faulting the ruling for undermining state constitution's equal protection clause)05/26/09 CalLaw ("Prop 8 reaction from lawyers and academics")05/26/09 Volokh Conspiracy, by University of Minnesota law professor law professor Dale Carpenter05/26/09 Volokh Conspiracy, by Ilyra Somin, with links to law blog debate… [read post]
2 Oct 2014, 5:39 am
Dale CarpenterThis post is part of the Symposium on Unconstitutional Animus Animus has emerged over the past four decades as a distinct concern in Equal Protection doctrine. [read post]
10 Feb 2015, 6:51 am
Ct. at 2693–94; Romer, 517 U.S. at 634–35; Cleburne, 473 U.S. at 448; Arlington Heights, 429 U.S. at 266–68; Moreno, 413 U.S. at 536–38. [read post]
10 Feb 2012, 10:36 pm
(Dale Carpenter) In the ongoing search for a constitutionally minimal justification for Prop 8, Orin proposes a creative one – repudiating activist judges independent of the substantive merits of the amendment: One rational reason to support a symbolic law like Prop 8 would be to issue a rebuke to the California Supreme Court that issued that decision, with the hope that such a public rebuke might influence the Court’s decisions in the future. [read post]
30 Jul 2014, 10:52 am
Based on the quadrilogy of animus decisions from the Court dealing with everything from “hippie” communes to federal marriage policy (Moreno, Cleburne, Romer, and Windsor, plus parts of Lawrence), the outlines of a methodology have begun to emerge. [read post]
6 Oct 2014, 5:52 am
Moreno, 413 U.S. at 534 (1973) (one legislator made limited statements); City of Cleburne v. [read post]
7 Oct 2014, 8:24 am
This pushes us toward understanding animus as equivalent to discriminatory intent, which I know Bill and I both think is deeply wrong (though Dale disagrees).I am comfortable concluding that the best approach is to understand animus as triggering heightened rational basis review because I believe that (1) this is a more palatable solution for the courts, and (2) heightened rational basis review—properly understood—is sufficient to “smoke out” laws that… [read post]
15 Oct 2014, 5:45 am
” And Russell Robinson’s: “The modern Court has refused to extend those precedents [Moreno and Cleburne] in every context except gay rights. [read post]
12 Nov 2014, 9:13 pm
Bassett reflects a deeper and more comprehensive understanding of how animus analysis actually works in the Supreme Court’s quadrilogy of animus cases (Moreno, Cleburne, Romer, and Windsor) (as I’ve explained it in the Supreme Court Recview here and in an extended VC post here) as well as in the Sixth Circuit’s own precedents. [read post]
2 Jul 2007, 4:28 am
When Dale is right he is right. [read post]
8 Jul 2018, 9:01 pm
Moreno and Cleburne v. [read post]
11 Jan 2020, 10:47 am
Dale Carpenter, the author, developed an interesting argument about the shape an "anti-animus" doctrine should take. [read post]
18 Nov 2014, 7:32 am
To take one of these examples, the food-stamp program in Moreno certainly served the twin congressional goals of feeding poor people and boosting the agricultural economy, regardless of whether “hippie communes” were also eligible beneficiaries along with more traditional families. [read post]
19 Nov 2010, 1:40 pm
“Arizona should follow Texas’s lead on this,” said Dale Baich, an Arizona federal public defender who represented Mr. [read post]
21 Mar 2010, 12:19 pm
The following is a summary review of articles from all over the nation concerning environmental law settlements, decisions, regulatory actions and lawsuits filed during the past week. [read post]
