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23 Aug 2023, 4:00 am by Eric Segall
By Eric SegallI had an existential crisis in the Spring of 2012, just a few months before the hugely important Affordable Care Act case, NFIB v. [read post]
In June, the Supreme Court effectively ended considerations of race in college admissions in their decision from the Students for Fair Admissions, Inc. v. [read post]
22 Aug 2023, 6:06 am by Jeffrey Sonnenfeld
Citing the Supreme Court opinion in McCulloch v Maryland (1819) where our first Chief Justice John Marshall’s endorsement of the Constitution as a document intended to be read, understood, and applied by NON-lawyers, Luttig and Tribe, along with my colleague Anjani Jain of Yale encouraged me to author this essay. [read post]
21 Aug 2023, 4:00 am by Michael C. Dorf
In my essay on Friday, I discussed the 1890 case of In Re Neagle as the font of the immunity, but the core concept has deeper roots.Consider McCulloch v. [read post]
14 Aug 2023, 5:36 am by Guest Author
This paper is much narrower—Sunstein is really unpacking some of the conservative SCOTUS bloc’s internal debates about the MQD in Biden v. [read post]