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27 Jun 2022, 6:46 am by Jonathan H. Adler
[Justice Thomas reiterates his desire to revisit the contours of defamation law and New York Times v. [read post]
26 Jun 2022, 7:35 am by Jonathan H. Adler
[In his Dobbs concurrence, the senior associate justice reiterates his outlying views on precedent and his belief that all substantive due process decisions were "demonstrably erroneous. [read post]
20 Jun 2022, 3:23 pm by Jonathan H. Adler
[A New York Times piece on conservative legal challenges to climate regulations characterizes the balance of the D.C. [read post]
17 Jun 2022, 10:45 am by Jonathan H. Adler
[In remarks to the American Constitution Society, Justice Sonia Sotomayor shares her thoughts on the senior-most Associate Justice.] [read post]
16 Jun 2022, 8:45 am by Jonathan H. Adler
[The Biden Administration is apparently considering a range of responses should te Supreme Court overturn Roe v. [read post]
15 Jun 2022, 8:23 am by Jonathan H. Adler
[Chief Justice Roberts refuses to join a wee little footnote in a Justice Barrett opinion.] [read post]
15 Jun 2022, 8:03 am by Jonathan H. Adler
[The Supreme Court has decided not to decide an important question relating to flips in federal policy when Administrations turn over.] [read post]
15 Jun 2022, 7:16 am by Jonathan H. Adler
[Justice Gorsuch has dissented from two-thirds of Justice Barrett's majority opinions this term.] [read post]
14 Jun 2022, 1:21 pm by Jonathan H. Adler
[Perhaps the real question is whether such a school is a state actor for purposes of Section 1983. [read post]
14 Jun 2022, 4:42 am by Jonathan H. Adler
[Justice Amy Coney Barrett and Neil Gorsuch are disagreeing more than you might think, but Justice Barrett appears to have the upper hand.] [read post]
13 Jun 2022, 4:00 am by Howard Friedman
Rosenbaum, 'Legal Capacity' Under the UN Convention on the Rights of Persons with Disabilities: In Support of Supported Decision-Making, (Forthcoming, 3 Islamic Studies on Human Rights & Democracy _ (2022)).From SmartCILP:Rosalind Dixon, Strong Courts: Judicial Statecraft in Aid of Constitutional Change, 59 Columbia Journal of Transnational Law 298-363 (2021).Jonathan K. [read post]
7 Jun 2022, 6:54 pm by Jonathan H. Adler
[The justices hear fewer cases and decide fewer questions than they used to.] [read post]
2 Jun 2022, 10:57 am by Jonathan H. Adler
[We will get opinions on Monday, but the Court will have to average more than two opinions per day to finish before July 4.] [read post]
2 Jun 2022, 10:41 am by Jonathan H. Adler
[Questions about the scope of federal power will remain. ] In today's Washington Post Robert George and Joshua Craddock argue that Congress can and should enact federal legislation to "enforce constitutional rights for the unborn" if the Supreme Court overturns Roe v. [read post]