Chief Justice Roberts Rewrote Morrison v. Olson
Roberts's fidelity to stare decisis does not include following precedents as written. And we all know it.
Roberts's fidelity to stare decisis does not include following precedents as written. And we all know it.
Hamilton said that Senate must consent when a new President "displaces," that is substitutes an old officer with a new officer.
Blue June buries Boumediene, Whole Woman's Health, and Trinity Lutheran Footnote 3.
Is Espinoza enough to make conservatives look past the Chief's never-ending chess match?
A new three-strikes sentencing opinion from a California court.
Roberts and Kagan present two very different conceptions of the separation of powers.
The Chief feints left on abortion, tiptoes to the right on the CFPB, and Thomas is still waiting for Godot
The opposition to mask-mandates harkens back to the Obamacare challenge.
This landmark Title VII case relied on the "familiar rule" from Church of the Holy Trinity v. United States.
The steel mill owners had a concrete, property interest that was impaired by the government's actions. The plaintiffs did not rely on a generalized allegation of ultra vires action by the Secretary of Commerce.
The Washington Post's Radley Balko vs. the Manhattan Institute's Rafael Mangual on whether "there is overwhelming evidence that the criminal justice system is racist."
The Washington Post's Radley Balko vs. The Manhattan Institute's Rafael Mangual on whether or not "there is overwhelming evidence that the criminal justice system is racist."
Randy Barnett and I explain where Justice Gorsuch went wrong in Bostock
Fifth and final post in a series based on my new book "Free to Move: Foot Voting, Migration, and Political Freedom"
"One of the most frequently sanctioned lawyers, if not the most frequently sanctioned lawyer," in the Southern District of New York.
Rhetorical power isn't about one thing; it's always about two.
Many high schools and middle schools are assigning this 'antiracism' book associated with Critical Race Theory; besides being ideologically pernicious, it's bad history
The majority and dissent vigorously disagree about the role history should play in this Suspension Clause case
The Court's first major Suspension Clause case since Boumediene.
The AALS "Meat Market" will have to find another home; or go fully virtual!
June Medical, Espinoza, and Seila Law remain from the pre-COVID cases
The 5th Circuit Court of Appeals acknowledged that the plaintiff's Eighth Amendment rights were violated.
Still more lessons on good writing from the masters.
Next stop, the U.S. Supreme Court?
What would happen, I wonder, if protesters decide to set up an autonomous zone in the Twitter parking lot?
Public health officials have squandered their credibility
Making the correct legal argument would have cast doubt on other elements of immigration law, and the acting DHS Secretary refused to say that DACA was a bad policy
"The original meaning of the constitution binds us as a matter of the rule of law. Its restraint on our power cannot depend on whether we agree with its current application on policy grounds. Such a commitment to originalism would be no commitment at all. It would be a smokescreen for the outcomes that we prefer."
I wouldn't have expected abortion politics there ....
The decision in Bostock v. Clayton County is well-justified from the standpoint of textualism (a theory associated with conservatives), but less clearly so from the standpoint of purposivism (often associated with liberals).
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