constitutional interpretation
Adam Liptak has a useful roundup, noting that the Court does not have any "blockbusters" comparable to last year's Second Amendment, death penalty, and war powers decisions. There are, however,.
Since there seems to be some confusion here, allow me to save time in comments by explaining a basic distinction:1)Under current law, a woman has a fundamental right to choose.
Richard Posner has an interesting article -- essentially an application of his recent HLR Foreword -- critiquing the Supreme Court's decision in Heller, the D.C. gun control case. It's a.
There's something of a curious disconnect between two passages of Scalia's opinion in Heller:After an exhaustive discussion of the arguments for and against gun control, Justice Breyer arrives at his.
Today's decision in Kennedy v. Louisiana is a fairly typical Eighth Amendment case. The relevant textual language -- "nor cruel and unusual punishments inflicted" -- can evidently accommodate multiple outcomes.
Given the credible assumption that Scalia will be writing the Court's likely-to-be-a-landmark 2nd Amendment opinion in Heller, Mike O'Shea claims that this is "great news for those who are mainly.
In response to Eugene Volokh, I should say that I'm perhaps making a slightly different argument than the one he's addressing. My point about the vote in the legislature, as.
In light of the passing of Mildred Loving, it's useful to return to standard set out by Antonin Scalia to apply the equal protection clause in cases that don't involve.