Tag: constitutional interpretation

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Big Sky Defiance

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On January 5, 2012

Dahlia Lithwick is good on the Montana Supreme Court’s rejection of Citizens United.    It probably wouldn’t save it from being overturned anyway, but the angle I would take in the same

And it’s far from clear to what’s going to happen. Thomas, ordinarily the staunchest states’ “rights” justice, is different in preemption.   And elite Republicans don’t have monolithic views on immigration enforcement (in particular, you have to think that Kennedy might see auto executives getting detained in Alabama and think it might be time to put […]

Scalia and the Reactionary Mind

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In General
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On October 20, 2011
I promised to say more about Corey Robin’s assessment of Antonin Scalia in The Reactionary Mind, some of which is excerpted here. Before I get to that, I should say that it’s an excellent book I strongly recommend. And one initial complaint notwithstanding, the Ayn Rand chapter (“St. Petersburg in revolt gave us Vladimir Nabokov, […]

More LRA

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On October 17, 2011

My views on this are basically the same as Rob.    I don’t mean to sound like Nino Scalia, but I actually do believe that the president is bound by the statutes Congress actually enacted, not

It’s a bit of an upset, but good to see the 6CA panel do the right thing. It should be noted that while both majority opinions do an excellent job of attacking the bad commerce clause arguments underlying the challenge to the ACA, James Graham’s dissent does a good job of self-refutation. Consider this passage: […]
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