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Supreme Court

The hot argument based on today's argument is likely to be the idea that the Supreme Court will just duck the question of the ACA's constitutionality using a jurisdictional dodge. It's possible, but I actually don't think it's very likely. How I read history differently...

Today In Great Dissents

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On March 20, 2012
Say it, Justice Ginsburg. Much more on this travesty imminently. The short version is that Supreme Court has joined the War on Women by combining a "federalist" doctrine that is embarrassing nonsense even by Rehnquist/Roberts Court standards with a denial of Congress's explicit powers to...

Diluting Miranda

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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...
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