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3 Nov 2020, 2:31 am by SHG
The last phrase of this rule was the part that gave Justice Sam Alito pause in his concurring opinion in Taylor v. [read post]
29 Oct 2020, 12:28 pm by Marcia Coyle
There are many areas of the law, from bankruptcy to patents to criminal justice, where they can show they are not engaged in the Red Team v. [read post]
28 Oct 2020, 4:30 am by Michael C. Dorf
One can even imagine something like the following conversation.Chief Justice Roberts: Clarence, could you and Sam please hurry up with your dissent in California v. [read post]
27 Oct 2020, 9:01 pm by Michael C. Dorf
Critics call the proposal “Court packing” to evoke FDR’s failed effort in the 1930s, although proponents insist that Republicans have effectively packed the Supreme Court and lower courts, so that SCOTUS expansion would be better termed “unpacking. [read post]
22 Oct 2020, 11:25 am by Joseph Fishkin
In parts of the United States, back alley abortions would then have remained common, and lunch counters segregated.But to Republicans today, defeating Bork was the original sin. [read post]
19 Oct 2020, 4:00 am by Michael C. Dorf
They offer something more like the prospect of a Bush v. [read post]
12 Oct 2020, 4:08 am by James Romoser
Meanwhile, across the street from the Capitol, the Supreme Court is closed Monday for Columbus Day, but the justices will resume their second week of oral arguments on Tuesday with arguments in United States v. [read post]
11 Oct 2020, 1:58 pm by Mark Tushnet
The same goes for review of state and local legislation; there you have to talk about the possibility of congressional legislation to preempt bad stuff – freed of the constraint of City of Boerne v. [read post]
6 Oct 2020, 3:43 am by SHG
But what if Kim Davis thought they were charging too much, or too little, for a 24-pack of gummy bears? [read post]