constitutional interpretation
The odds that I will agree with David Bernstein over Dahlia Lithwick are...not good, but in this case Bernstein is right. I've been trying to condense the paper I presented.
Adam Cohen notes Antonin Scalia once again asserting that the Constitution does not protect gender equality. His reasoning is superficially "originalist": Indeed, Justice Scalia likes to present his views as.
I'm out of town for a funeral and don't time to fully get into this, but I couple of quick points to add to SEK's demolition of Jonah below: Note.
I outline some reasons to be skeptical about whether Kennedy would be willing to cast a fifth vote to hold bans on same-sex marriage unconstitutional here. At a minimum, there's.
As we saw once again yesterday, conservatives on the Supreme Court are in favor of them. I've made this point before, but in my experience if you bring up the.
The Supreme Court today held that the Second Amendment -- as recently redefined in D.C. v. Heller -- applies to the states and not just the federal government, which will.
The noise from the right about the constitutionality of "deeming" beggars description. Consider Limbaugh: If [House Democrats] pass this using the Slaughter solution—in other words, literally shredding the Constitution. I.
I have an article up on TAP noting that the referendum overturning same-sex marriage rights should once and for all make clear that "the idea that changes in support of.