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16 Oct 2022, 9:02 pm
Readers should also be on the lookout for an amicus brief Akhil and I will be soon be filing that includes additional compelling material that goes well beyond the law review article and all my columns on this site.)Enter Professors Will Baude and Michael McConnell (B/M), both accomplished constitutional law scholars, who wrote an essay in The Atlantic last week seeking to offer what they call a “commonsense middle ground” between the ISL proponents and ISL critics… [read post]
13 Oct 2022, 7:32 am
Harper (plus a few additional thoughts on redistricting remedies)] On Tuesday, Michael McConnell and I published a piece in The Atlantic about the Supreme Court's pending case of Moore v. [read post]
12 Oct 2022, 9:08 am
Harper The Atlantic William Baude Michael W. [read post]
12 Oct 2022, 7:25 am
William Baude and Michael McConnell in The Atlantic: In a constitutional republic like ours, legislatures ultimately derive their authority from the people. [read post]
12 Oct 2022, 4:30 am
One, written by Michael McConnell, argued that Brown was justifiable on an originalist basis. [read post]
11 Oct 2022, 6:11 am
Here’s the Tuesday morning read: The Supreme Court Has a Perfectly Good Option in Its Most Divisive Case (William Baude & Michael W. [read post]
11 Oct 2022, 5:20 am
McConnell have this essay online at The Atlantic. [read post]
11 Oct 2022, 5:01 am
Michael McConnell (Stanford) on the Dormant Commerce Clause appeared first on Reason.com. [read post]
9 Oct 2022, 9:04 pm
In a single week in June 2022, at the close of its last term, the U.S. [read post]
28 Sep 2022, 4:04 am
Signup to receive the Early Edition in your inbox here. [read post]
27 Sep 2022, 9:03 pm
But in doing so, we should also understand that we aim to maintain our lawmaking muscle mass for a day when we have the ability to use it.Follow @dorfonlaw Michael C. [read post]
13 Sep 2022, 6:30 am
Julie Suk and Caroline Fredrickson are newer friends, with whom I worked (as with Mark, Steve, and Jennifer) on what I call the “Tomasky project,” a group that came together charged by Michael Tomasky, the editor of Democracy (and now, as well, The New Republic) to design a constitution that would serve us well in the 21stcentury. [read post]
7 Sep 2022, 6:30 am
This post was prepared for a roundtable on Can this Constitution be Saved? [read post]
7 Sep 2022, 5:23 am
[Jack Goldsmith and I will have this article out in the Texas Law Review early next year, and I'm serializing it here. [read post]
16 Aug 2022, 5:01 am
Michael McConnell is right that this language had "one function only: to enable the Court to reach the conclusion it desired in Smith without openly overruling any prior decisions. [read post]
9 Aug 2022, 9:48 am
Indeed, as I elaborated in my own response to the "Levinsonfest" presentations, my friends Doug Laycock and Michael McConnell persuaded me back in the 1980s that a commitment to "cultural pluralism" did require a greater sensitivity to the claims, for example, of religious parents of modest means who could not afford to take advantage of their formal constitutional right, protected since the 1920s, to educate their children in religious schools. [read post]
6 Aug 2022, 1:03 pm
For the National Constitution Center’s podcast, the Center’s President and CEO, Jeff Rosen, moderated this discussion. [read post]
5 Aug 2022, 6:30 am
Sanford Levinson This post was prepared for a roundtable on Wrestling with Religious Diversity, convened as part of LevinsonFest 2022. [read post]
4 Aug 2022, 6:30 am
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
He credits Michael McConnell, and secondarily, me, with persuading him that his early opposition to government funding for religious schools was mistaken. [read post]