Search for: "United States v. McGinnis" Results 1 - 20 of 63
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The Consequences of Capitulation
5 May 2024, 4:13 am by SHG
McGinnis explains the problem with capitulation. [read post]
Simple Justice - http://blog.simplejustice.us
Does “Textualism” Really Prevent “Judicial Activism”?  A Response to Prof. John McGinnis, by  David Doniger
28 Feb 2024, 2:06 pm by Guest Author
The other justices united around that view. [read post]
Notice & Comment - https://www.yalejreg.com/nc/
Legal Theory Lexicon: Originalism
7 May 2023, 6:00 am by Lawrence Solum
The ratification debates and Federalist Papers can be supplemented by evidence of ordinary usage and by the constructions placed on the Constitution by the political branches and the states in the early years after its adoption. [read post]
Legal Theory Blog - https://lsolum.typepad.com/legaltheory/
A Constitutional Right Not to Travel? Using the Inverse of an Established Constitutional Right in the Climate Migration Context to Challenge Harmful Government Action
26 Mar 2023, 1:47 pm by Jillian Houle
The Idaho Supreme Court, for example, stated in Bartosz v. [read post]
Pace Environmental Law Review Blog - https://pelr.blogs.pace.edu/
Between Liberalism and Democracy – John O. McGinnis
9 Feb 2023, 5:45 pm by Tom Smith
Even the United States Secretary of State implied as much on his latest visit, expressing concern about the “core importance of democratic principles and institutions. [read post]
The Right Coast - https://rightcoast.typepad.com/rightcoast/
NY State Rifle Case “Recoils” to Re-Arm Domestic Abusers
3 Feb 2023, 10:15 am by Mark Ashton
McGinnis. [read post]
Pennsylvania Family Law - http://pafamilylaw.foxrothschild.com/
Originalism as Dangerous Nonsense
3 Nov 2022, 7:48 am by Eric Segall
Wade in Dobbs v. [read post]
Dorf on Law - http://www.dorfonlaw.org/
[Samuel Bray] Is "Necessary and Proper" a Hendiadys? Responding to Calabresi, Kostial, and Lawson
5 Sep 2022, 5:50 pm by Samuel Bray
United States, 521 U.S. 898, 923-24 (1997); a few comments are appropriate. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Ilya Somin] Originalism and the "Major Questions" Doctrine
21 Aug 2022, 9:10 am by Ilya Somin
  For example, a clear statement is needed before a statute is read to interfere with a state's internal governance (Gregory v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
What Might a Congressional Counterpart to the Office of Legal Counsel Look Like?
17 May 2022, 9:47 am by William Ford
Bipartisan bills in the House and Senate seek to reclaim Congress’s role in determining when the United States uses force abroad. [read post]
Lawfare - http://www.lawfareblog.com/
Partisan Politics, Legal Realism, and the Myth of the Unitary Executive
26 Jul 2021, 12:00 am by Eric Segall
As McGinnis says, this decision came as no surprise because the Roberts Court previously held in Seila Law v. [read post]
Dorf on Law - http://www.dorfonlaw.org/
Originalism, Methodology, and the Reconstruction Amendments
25 Jun 2021, 6:30 am by Guest Blogger
  See Dobbs v. [read post]
Balkinization - http://balkin.blogspot.com/
[Ilya Somin] Is John Roberts a Judicial Minimalist, a Coward, or a Strategic Maximizer?
10 Jul 2020, 2:18 pm by Ilya Somin
Seattle (2007) (severely limiting affirmative action programs in primary and secondary schools); Citizens United v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Will the Faithless Electors Cases "Do Grave Damage to Originalism"?
28 May 2020, 7:44 am by Josh Blackman
Washington and Colorado Department of State v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] McGinnis: The Empire Strikes Back Against Originalism
5 Mar 2020, 7:55 am by Josh Blackman
She says that Brown v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Kopf: Federal District Judges Should Keep the Hell Away From “Originalism”
23 Sep 2019, 4:02 am by Hon. Richard G. Kopf
Kopf Senior United States District Judge (Nebraska) [i] This link also has a certain irony to it. [read post]
Simple Justice - http://blog.simplejustice.us
Constitutional law roundup
23 Sep 2019, 3:01 am by Walter Olson
” [Institute for Justice “Short Circuit” on Davis v. [read post]
Overlawyered - http://overlawyered.com/
The Supreme Court as the Aristocratic Element of a Mixed Regime
4 Apr 2019, 6:00 am by Guest Blogger
McGinnis is George C. [read post]
Balkinization - http://balkin.blogspot.com/
The Multiple Uses of Justice Scalia
2 Apr 2018, 12:01 pm by Guest Blogger
” Or, after Lee v. [read post]
Balkinization - http://balkin.blogspot.com/
Tuesday round-up
27 Feb 2018, 4:23 am by Edith Roberts
The first is United States v. [read post]
SCOTUSblog - http://www.scotusblog.com/