Tag: Supreme Court

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The Limiting Principle

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On March 27, 2012
Some thoughts about day 2. The key to Kennedy’s vote, evidently, is whether he can be convinced that there’s a limiting principle. Kennedy, unlike the other conservatives, does seem to understand that the health care market is different: But I think it is true that if most questions in life are matters of degree, in […]
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 is that I see the courts ducking cases where a […]

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 enforce the Fourteenth Amendment unless it meets some unintelligibly arbitrary […]

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,

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 process continued yesterday. It’s rarely a good sign when you […]
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