Tag: Supreme Court

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The End of Grutter?

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On February 22, 2012
I would like to buck the conventional wisdom, but I agree with everybody that the grant of cert in Fisher v. UT Austin is almost certainly the end of affirmative action in higher education. Certainly, four of the necessary votes are not in question: The bad news is that Kagan’s recusal probably doesn’t matter because […]

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

What Would AMK Do?

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On February 13, 2012
With respect to how Kennedy is likely to rule on the Prop 8 case, a few additional points. First, in response to Murc here, I should make it clear what I’m not arguing, namely that Reinhardt’s opinion will somehow be able cleverly manipulate Kennedy into supporting a position he’s not otherwise inclined to go along […]
Shorter Scalia and Thomas: By stopping Cory Maples’s execution, the majority has violated Alabama’s rights. Look, sure, he didn’t really have a “lawyer” in the sense of someone responsible for his case and working on it, but someone with “no substantive involvement” in his case once showed up in court to represent him. So it’s […]

Credulous Thomas

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On January 12, 2012

Clarence Thomas’s 2011 opinion for a bare majority of the Court shielding the New Orleans DA from liability for its systematic violation of civil liberties (which in some cases led to innocent p

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