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16 Sep 2022, 5:00 am by Eric Segall
But you should ask yourself, and your students, how that principle stands along the Court's decision in Barbra Smith v. [read post]
13 Sep 2022, 6:30 am by Guest Blogger
  I think it is somewhat telling that Jennifer’s caution leads her to try to ask if there are any real defenses for what I find one of the truly indefensible features of the Constitution—the allocation in the Senate of equal voting power by states. [read post]
8 Sep 2022, 7:41 am by Dan Farber
With turnout possibly boosted by the overruling of Roe v. [read post]
7 Sep 2022, 6:30 am by Guest Blogger
Today, small rural states with less diverse populations benefit from state equality in the Senate. [read post]
7 Sep 2022, 5:23 am by Eugene Volokh
New York State Liquor Authority[15] involved a New York law under which liquor distillers could not sell to wholesalers in New York except in accordance with a monthly price schedule that affirmed that prices in New York were no higher than the lowest prices charged in other states.[16] Healy v. [read post]
9 Aug 2022, 9:48 am by Sandy Levinson
  Part of American Stetll sets out the collapse of an older liberal consensus on the meaning of "separation of church and state," encapsulated in the rhetoric (if not necessarily the result) in Everson v. [read post]
4 Aug 2022, 6:30 am by Guest Blogger
He credits them (specifically, Michael McConnell) with having changed his mind about a number of important legal issues, in particular, the constitutionality of vouchers (used for religious school tuition), which he came to regard as not unconstitutional or as nonjusticiable—that is, an issue for the legislatures, not the courts, to decide. [read post]
29 Jul 2022, 6:30 am by Guest Blogger
If parents have a right to send their children to private schools, as Pierce v. [read post]
24 Jul 2022, 1:09 pm by Bob Bauer, Jack Goldsmith
  (Our analysis builds on the excellent work in the last few days by (among others) Matthew Seligman (see here, here, here, and here); Protect Democracy; Andy Craig; Derek Muller; Ned Foley, Michael McConnell, Derek Muller, Brad Smith, and Rick Pildes; and Henry Olsen. [read post]
15 Jul 2022, 5:15 am by Michael C. Dorf
I just don't think it's his preferred course of action.However, if the Democrats were to abolish the filibuster now and enact a law more or less codifying Roe v. [read post]
30 Jun 2022, 9:54 am by ernst
McConnell, The President Who Would Not Be King 326–335 (2020); A. [read post]