"A defendant can always raise unconstitutionality as a defense 'where a statute is invalid upon its face and an attempt is made to enforce its penalties in violation of constitutional right.'"
Justice Barrett remains the most gun-shy Justice.
The National High School Law Journal is looking for contributors.
Forthcoming in the Texas A&M Journal of Law & Civil Governance
Hushed whispers and heads nodding.
And Justice Kagan will try to persuade Justices Gorsuch and Barrett to concur in the judgment, creating a 4-3-2 split.
Jodi Kantor reports on a confidential ten-page memo from Justices Gorsuch, and comments from Justices Thomas and Alito.
"The defendant’s motion should be denied since there is no binding authority on this Court which requires dismissal."
"Creation of the COIR would also ensure a 'uniform rule' of immigration law as commanded by Article I of the U.S. Constitution."
The more things change, the more things stay the same.
An Introduction To Constitutional Law Video Library: Gideon v. Wainwright (1963), Miranda v. Arizona (1966)
An Introduction To Constitutional Law Video Library: Pennsylvania Coal Co. v. Mahon (1922), Penn Central Transportation Company v. New York (1978), Kelo v. City of New London (2005)
Always proceed with caution when interpreting untested provisions of the Constitution in times of controversy.
An excerpt from Unprecedented: The Constitutional Challenge to Obamacare (2013)
An Introduction To Constitutional Law Video Library: District of Columbia v. Heller (2008), McDonald v. City of Chicago (2010), New York State Rifle & Pistol Association, Inc. v. Bruen (2022)
A fascinating tidbit from the excellent new book, "The Meese Revolution"
An Introduction To Constitutional Law Video Library: Engel v. Vitale (1962), McCreary County, Kentucky v. ACLU of Kentucky (2005), Van Orden v. Perry (2005), Town of Greece v. Galloway (2014)
An Introduction To Constitutional Law Video Library: Sherbert v. Verner (1963), Wisconsin v. Yoder (1972), Employment Division v. Smith (1990), Church of the Lukumi Babalu Aye v. City of Hialeah (1993), Burwell v. Hobby Lobby Stores (2014)
An Introduction To Constitutional Law Video Library: Schenck v. United States (1919), Debs v. United States (1919), Gitlow v. People of the State of New York (1925), Abrams v. United States (1919), Stromberg v. California (1931), United States v. O’Brien (1968), Texas v. Johnson (1989), R.A.V. v. City of St. Paul (1992), Buckley v. Valeo (1976), McConnell v. Federal Election Commission (2003), Citizens United v. Federal Election Commission (2010), New York Times Co. v. Sullivan (1964), Snyder v. Phelps (2011), U.S. v. Stevens (2010), Brown v. Entertainment Merchants Association (2011), Tinker v. Des Moines Independent Community School District (1969), New York Times Co. v. United States (1971)
Farewell to the Mayflower, hello to the Hilton.
