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7 Apr 2020, 10:37 pm by Josh Blackman
Blackmun's opinion injects both Jacobson and Buck into the Supreme Court's modern substantive due process framework. [read post]
7 Apr 2020, 7:30 am by Evan Lee
Supreme Court held yesterday that a Kansas police officer had reasonable suspicion to stop a vehicle about which he knew nothing more than that its registered owner had a revoked driver’s license. [read post]
3 Apr 2020, 8:32 am by Nicholas Mosvick
" In We The People: Indiana and the United States Constitution: Lectures in Observance of the Bicentennial of the Constitution (1987). [read post]
3 Apr 2020, 4:00 am by Michael C. Dorf
The Fourteenth Amendment's Equal Protection Clause does not apply to the federal government, but the Supreme Court has long held that the Due Process Clause of the Fifth Amendment more or less requires the federal government to obey the same equal protection strictures as the states must. [read post]
27 Mar 2020, 1:30 pm by Guest Blogger
Yet, as Tebbe documents, the Supreme Courts modern approach to government speech problems increasingly emphasizes the speech/conduct divide while ignoring the public/private divide. [read post]
24 Mar 2020, 7:28 am by INFORRM
I've spent my working life on this (see my book, 'Online Courts and the Future of Justice') & am confident judges can deliver just decisions working online. [read post]
23 Mar 2020, 1:06 pm
  The California Supreme Court unanimously reversed.I particularly liked the last several pages of Justice Kruger's opinion. [read post]
18 Mar 2020, 10:10 am by Eugene Volokh
Again, as the Sixth Circuit explained in Dean: "Supreme Court precedent makes it clear that citizens have the constitutional right to use streets for assembly and communication. [read post]
16 Mar 2020, 6:30 am by Guest Blogger
Casey, 505 U.S. 833 (1992), the Supreme Court upheld a Pennsylvania law requiring doctors to provide “truthful, non-misleading information” about abortion procedures and alternatives like adoption. [read post]
5 Mar 2020, 8:17 pm by Riana Pfefferkorn
I have some observations on how the bill as introduced has changed from the version I blogged about in January. [read post]
25 Feb 2020, 8:45 am by Neil H. Buchanan
  And the Republicans, even if they lose their Senate majority in the November elections, will have the lame-duck period in which to enable Trump's power grab (aided by the Gorsuch/Kavanaugh-reinforced Supreme Court) and probably nullify their own losses as well.In short, I believe that this is a dead democracy walking, with only the death throes in front of us.I can make (and have made) arguments about how the Democratic… [read post]
14 Feb 2020, 11:00 am by Richard Altieri, Benjamin Della Rocca
The stolen data included names, addresses, Social Security and driver's license numbers, and other personal information. [read post]
12 Feb 2020, 9:01 pm by Neil H. Buchanan
This is no longer a majority-rule system—nor even a “huge-majority-rule” system.)The Supreme Court will not stop him.Even if the Court does try to stop him, Trump will channel Stalin’s “The Pope! [read post]