Author: Scott Lemieux

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Undead constitutionalism

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On June 25, 2022
To continue on the theme of Alito’s “who are you going to believe, my cynical bare assertions of your ability to make simple logical deductions” trolling, Adam Serwer offers a concise explanation for what’s going on: As the three Democratic-appointed justices note in their Dobbs dissent, more constitutional rights now are on the chopping block. “Either the majority […]
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Brett Kavanaugh was tasked with the job of putting the moderate spin on Court’s decision to overrule Roe v. Wade. But even in that context he admitted what Republican elites have mostly tried to deny or obfuscate when discussing the consequences of overruling Roe v. Wade: On the question of abortion, the Constitution is therefore […]
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In what is a fantasy month for Sam Alito’s worst authoritarian impulses, yesterday authored an opinion not only limiting the civil remedies available to people whose Miranda rights were violated… …let us pause to have a brief play to describe how Republican judges believe that the criminal procedure provisions of the Bill of Rights should […]
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In the wake of Bruen, some people will invariably say that the “Second Amendment” is the reason most gun control measures are now unconstitutional in the United States, and also criticize Thomas’s approach for relying too much on history and not enough on other factors. While the latter point is correct so far as it […]
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