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14 Jun 2021, 3:08 pm by Ilya Somin
The anti-commandeering doctrine originated in the 1842 Supreme Court case Prigg v. [read post]
1 Jun 2021, 7:42 am by Eric Goldman
I am forced to the conclusion that this incident well illustrates the truth of the old saying that it makes a lot of difference whose ox is gored. [read post]
4 Mar 2021, 9:01 pm by Vikram David Amar and Jason Mazzone
The three Degraffenreid dissenters suggest that stray dicta from an 1892 case that in no way involved the limits that a state constitution might place on a state legislature in this arena—and casual quotation from this case in a part of the discredited Bush v. [read post]
3 Feb 2021, 6:30 am by Guest Blogger
At least since Planned Parenthood v. [read post]
26 Jan 2021, 9:30 pm by ernst
Gore: Haste Makes MistakesErwin ChemerinskyChapter 12 Stop the Beach Renourishment, Inc. v. [read post]
25 Jan 2021, 9:48 am by Ilya Somin
On Saturday, I provided an overview of New Hampshire v. [read post]
18 Jan 2021, 9:00 pm by Neil H. Buchanan
The relevant constitutional provision, in Section 2 of Article II, states that the President “shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment. [read post]
10 Jan 2021, 7:27 am by David Super
  (By contrast, the Gore supporters misled into voting for Pat Buchanan in 2000 by “butterfly ballots” look much more like the victims of fraud.) [read post]
6 Jan 2021, 1:32 pm
In some countries, coups and juntas decided leadership disputes, but here in the United States we went to court to resolve problems. [read post]
11 Dec 2020, 9:07 pm
And in turn, that invalidity taints the vote in the Electoral College, by mingling invalid votes with valid ones.As Justice Marshall famously stated in Marbury v. [read post]