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26 Jun 2022, 7:35 am
Rather, I agree with my co-blogger Dale Carpenter's assessment as to why these other decisions recognizing fundamental rights protected by the Due Process Clause are unlikely to be reconsidered, let alone overturned. [read post]
24 Jun 2022, 12:56 pm
[The conservative majority's commitments on contraception, sexual intimacy, and same-sex marriage] In reaction to today's decision in Dobbs v. [read post]
1 Jun 2022, 5:37 am
And at “The Volokh Conspiracy,” Dale Carpenter has a post titled “Government Can’t Compel the Creation of Wedding Websites; The Tenth Circuit erred in concluding otherwise, undermining a freedom critical to the LGBT-rights movement itself. [read post]
31 May 2022, 3:18 pm
See Dale Carpenter, Born in Dissent: Free Speech and Gay Rights, 72 SMU L. [read post]
22 May 2022, 9:41 am
To be sure, one could criticize the decision; consider, for instance, our own Dale Carpenter's article about it, Unanimously Wrong. [read post]
5 May 2022, 12:41 pm
[What the Alito draft tells us about a possible future for same-sex marriage.] [read post]
10 Apr 2022, 9:01 pm
The last time anyone in Montana received such a punishment was in 1996.Wyoming now has no one on death row after its only occupant, Dale Wayne Eaton, was resentenced to life in prison last month. [read post]
26 Nov 2021, 10:53 am
Among my other favorite books by VC authors are Randy Barnett's Restoring the Lost Constitution, David Bernstein's Rehabilitating Lochner, Dale Carpenter, Flagrant Conduct: The Story of Lawrence v. [read post]
18 Oct 2021, 7:22 am
[A forthcoming article of mine in the New York University Journal of Law & Liberty.] [read post]
22 Sep 2021, 6:24 pm
“There’s No Constitutional Right to Interracial (or Same-Sex) Marriage, Says the Architect of the Texas ‘Heartbeat Bill’; It’s the one amicus brief supporting Mississippi’s abortion restriction that takes a wrecking ball to the Supreme Court’s fundamental-rights precedents”: Dale Carpenter has this post at “The Volokh Conspiracy. [read post]
22 Sep 2021, 9:58 am
[It's the one amicus brief supporting Mississippi's abortion restriction that takes a wrecking ball to the Supreme Court's fundamental-rights precedents] In an earlier post, I noted that the vast majority of the 81 briefs in Dobbs v. [read post]
21 Sep 2021, 12:56 pm
[For the most part, supporters of Mississippi's abortion ban in the Supreme Court are steering clear of Obergefell] Eugene's re-posting of Professor Stephen Gilles' argument about Obergefell v. [read post]
17 Jan 2021, 11:28 am
[The Constitution's words, history, and structure suggest the best answer is no. [read post]
25 Nov 2020, 1:08 pm
Among my favorite books by VC authors are Randy Barnett's Restoring the Lost Constitution, David Bernstein's Rehabilitating Lochner, Dale Carpenter, Flagrant Conduct: The Story of Lawrence v. [read post]
23 Nov 2020, 12:48 pm
Bernstein University Professor Antonin Scalia Law School George Mason University Dale Carpenter Judge William Hawley Atwell Chair of Constitutional Law and Professor of Law SMU Dedman School of Law Irina D. [read post]
12 Oct 2020, 6:30 pm
” Dale Carpenter has this post at “The Volokh Conspiracy. [read post]
12 Oct 2020, 11:29 am
[In a constitutional case, should a justice ever stand by a clearly erroneous precedent?] [read post]
8 Jul 2020, 3:05 pm
Written by Dale Carpenter Leading By ExampleState Bar of Texas President Larry P. [read post]
24 Jun 2020, 6:30 am
Dale Carpenter, Bracketing Bigotry8. [read post]
18 Jun 2020, 6:38 am
I am grateful to contributors Aziza Ahmed, Dale Carpenter, Imer Flores, Cathleen Kaveny, Randall Kennedy, and Andrew Koppelman for their insightful and instructive comments. [read post]