Tag: constitutional law

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I have an article up at the Prospect on the hot new trend in arguments that policies that Republicans supported until Obama started supporting them represent a massive threat to liberty and the Constitution: if the Supreme Court upholds the mandate, the broccoli tyrants will be knocking down your door.    The argument, of course, makes […]

Results, Not Process

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In General
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On October 8, 2010
Tom Maguire, engaging in Principled Opposition to “judicial activists” who came up with the idea that marriage discrimination is inconsistent with the equal protection of the laws: “I just wish that we could have a bit more respect for the democratic process and settle this in legislatures rather than employing this Democratic process of legislating […]

Yet More Citizens United

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In Uncategorized
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On January 22, 2010
I have an article up at The American Prospect putting Citizens United in context as the latest manifestation of the Court’s increasing sympathy to the interests of big business. Some other links of interest: Lithwick. Liptak. Hasen. Denniston. Share

Compared To What?

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On January 15, 2010

I’m certainly no admirer of Justice Kennedy’s jurisprudence, but I nevertheless found Eric Posner’s critical (of both Kennedy and the book) review of a recent book about AJK somewhat

Ali Ahmad Kurd Visits Lexington

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In Uncategorized
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On August 21, 2009
Speaking of Kentucky, a short time ago I was fortunate enough to attend a speech by Ali Ahmad Kurd, leader of the Lawyer’s Movement in Pakistan. Kurd detailed his views regarding Pakistani democracy, and his own efforts to see Pervez Musharraf removed from power. Shortly prior to the speech Lt. Governor Dan Mongiardo made Kurd […]

Pre-Emptive Ricci Post

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On June 29, 2009

I will be in a car returning from a graduation party most of the day. So if, as expected, the Court hands down its decision in Ricci today and reverses the Second Circuit, let me say that this in no w

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