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Supreme Court

Overstating Judicial Power, Good And Bad

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On July 8, 2009
I haven't received my copy of Packing the Court yet, so it may be more nuanced on some points that its initial reviews make it sound. Assuming that the general take of Bazelon and Kakutani is correct, however, it seems to mix one salutary and...

Disparate Treatment and Equal Protection

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On July 1, 2009
Scalia's concurrence in Ricci elaborated an alleged conflict between equal protection and the disparate treatment of the Civil Rights Act. I won't call this a false conflict, exactly -- as with many legal and constitutional values, there is potential tension in marginal cases. But I...

Ricci and Sotomayor

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On June 30, 2009

Attempts to use Ricci to derail Sotomayor's nomination won't work, but (as Paul also said earlier today) they do show how silly the whole "empathy" criticism is.

Your Point Being?

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On June 26, 2009
It's because of arguments of this quality that they found a civil liberties claim that Sam Alito (albeit superfluously) can support:Matthew Wright, lawyer for the Safford school district, predicted the decision would have a "chilling effect" on administrators responding to threats of drugs.The War on...
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