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8 Feb 2024, 2:41 pm
Kavanaugh, meanwhile, returns several times to the 1869 case. [read post]
20 Sep 2020, 9:01 pm
We put our faith in Oracles who stand atop politics because we are sickened by the emergence of a world in which facts no longer matter, science is ridiculed, and jack-booted racism is on the march. [read post]
16 Apr 2024, 1:34 pm
Kavanaugh was not mollified. [read post]
28 Apr 2022, 8:30 am
In 2001 Sandy and his frequent co-author Jack Balkin published a piece in the Virginia Law Review titled “Understanding the Constitutional Revolution. [read post]
4 May 2023, 4:00 am
Years ago, I presented this idea in person to Eugene Volokh and Jack Balkin, who both run highly visible and successful blogs. [read post]
30 Oct 2020, 1:17 pm
Notably, Justice Brett Kavanaugh and other newly appointed conservative circuit judges (although not Justice Amy Coney Barrett when she was a circuit judge) have, in separate opinions, suggested that the entire inquiry should be focused on history and tradition, without any means-end scrutiny. [read post]
15 Dec 2018, 5:15 pm
In the words of Jack Balkin, the arguments concerning the mandate went from Off the Wall to On the Wall. 2018 is very different. [read post]
5 Dec 2015, 5:38 am
Jack opined that the Obama administration only wants an AUMF in the fight against ISIS in order to boost “troop morale. [read post]
5 Dec 2022, 4:29 pm
Up first is Kristen Waggoner of Alliance Defending Freedom, who argued for cake artist Jack Phillips in Masterpiece Cakeshop v. [read post]
26 Sep 2020, 6:34 pm
They take seats in the front row and remain quiet during the ceremony, none apparently inclined to steal the spotlight as four-year-old Jack Roberts did in 2005. [read post]
22 Mar 2012, 6:37 am
That’s the theme former DOJ official Jack Goldsmith explores in his latest book, “Power and Constraint: The Accountable Presidency After 9/11. [read post]
13 Nov 2023, 12:10 pm
(The non-interview interview is a technique I learned from Chief Judge Garland and Justice Kavanaugh.) [read post]
26 Apr 2024, 11:39 am
Circuit ruled that Special Counsel Jack L. [read post]
17 Nov 2020, 7:40 pm
, this supposed disanalogy sets the stage for a further argument: if business owners (like Jack Phillips) or religious social service agencies (like Catholic Social Services, in Fulton) who sincerely object to same-sex marriage are denied exemptions from state or local antidiscrimination laws, they are being branded and treated as bigots argument. [read post]
4 Jun 2019, 10:19 am
Kavanaugh, then-Judge: gov’t argued that there was a substantial interest in providing info, but that would create endless potential burdens since consumers might want to know political affiliation of business owners etc. [read post]
30 Apr 2024, 5:51 am
Trump’s counsel and Justice Kavanaugh may think otherwise, but no judicial decision approves or recognizes this rule. [read post]
7 May 2023, 6:00 am
The most recent development in this dynamic is Jack Balkin's attempt to reconcile originalism with living constitutionalism. [read post]
22 Nov 2022, 5:27 pm
Rounding out the panel is Britt Grant, another Trump appointee, whose professional history includes a clerkship with Brett Kavanaugh and a stint in the Bush administration. [read post]
6 Sep 2018, 11:38 am
In contrast to the combative tone of previous sessions, lawmakers had largely congenial exchanges with lawmakers and Facebook Chief Operating Officer Sheryl Sandberg and Twitter CEO Jack Dorsey. [read post]
19 May 2016, 1:23 pm
(For an example, see Judge Kavanaugh’s concurrence in El-Shifa.) [read post]