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22 Jan 2024, 4:30 am by Michael C. Dorf
Both sets of arguments rely on a formalistic conception of separation of powers.Overrule Chevron, conservative Justices and advocates say, because Article III gives "the judicial power" to courts; judicial power is, as Chief Justice Marshall said for the Court in Marbury v. [read post]
24 Jul 2023, 4:00 am by jonathanturley
 For that reason, the Court has often stood with the least popular in our society and, since Marbury v. [read post]
21 Jul 2023, 4:42 am by SHG
If you want to really shred precedent, why not start with Marbury v. [read post]
27 Jun 2023, 9:34 am by Michael C. Dorf
The majority noted how state court judicial review under state constitutions was well known by the Constitution's framers and was part of the backdrop for the SCOTUS decision in Marbury v. [read post]