Tag: constitutional law

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Since I was skeptical about whether the Court was seriously considering using a jurisdictional ruling to dodge the constitutional issue ex ante, the oral arguments yesterday certainly did nothing to dissuade me. Looking around, this seems to be the consensus. Had a lower court not bought the anti-injunction argument, I doubt the Court would have […]
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The culmination of nearly a decade’s worth of research, Dale Carpenter’s Flagrant Conduct tells the story of Lawrence v. Texas, the landmark 2003 case holding that bans on “sodomy” violated the implicit constitutional right to privacy. Easily the best book of its kind since Richard Kluger’s Simple Justice was published in 1975, Flagrant Conduct is […]

Free Ridin’

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On March 10, 2012

One of the plaintiffs challenging the constitutionality of the Affordable Care Act doesn’t the government has the authority to compel her to purchase health insurance. Rather, she would prefer t

Diluting Miranda

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In General
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On February 22, 2012
The landmark criminal procedure decisions of the Warren Court have generally not been overruled, but this is somewhat misleading; in many cases, the precedents formally remain standing, but have been interpreted in ways that give them much less bite. With Miranda v. Arizona, the dilution process continued yesterday. It’s rarely a good sign when you […]
The Ninth Circuit has ruled that PropH8 is unconstitutional. I am very concerned that this will undermine Newt Gingrich’s commitment to the sacred institution of heterosexual marriage. Obviously, good news, although the news will ultimately only be as good as Tony Kennedy decides it will. Much more when I’ve had a chance to read the […]
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