Tag: Supreme Court

Home / (Page 5)
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 […]

The End of Grutter?

By
|
In General
|
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

By
|
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?

By
|
In General
|
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 […]
1 4 5 6 27
It is main inner container footer text