Tag: constitutional interpretation

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I have an article up at the Prospect putting this week’s diminution of Fourth Amendment rights in context: That the other eight justices signed on to the majority opinion shows how bipartisan a cause the war on drugs has become. It is especially disappointing that President Barack Obama’s two appointees — Justices Elena Kagan and […]
Last week’s Establishment Clause standing case shows that the allegedly crucial divide between “minimalists” and “fundamentalist” conservatives on the Supreme Court is essentially meaningless, I argue in a new piece: This is, of course, not the first time that the Roberts Court has relied on specious distinctions to deny taxpayers standing. In 2007, Alito, Roberts, […]
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