Category: constitutional law

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Matt beat me to the most obvious response to Jeffrey Rosen’s modified limited hangout on Chief Justice Roberts. Although it’s indeed reasonable to have claimed that Roberts was better than some of the other alternatives, this is quite different than his contemporaneous arguments about Roberts, in which he asserted that the new Chief could shift […]
I’ve discussed before the phenomenon of a textbook repeating the right-wing canard that Bush v. Gore was 7-2. And now I see that Oyez, normally a valuable resource, is printing a lie about the vote in the case: the per curiam opinion held 7-2 that the Florida Supreme Court’s scheme for recounting ballots was unconstitutional. […]
The Court’s 5-4 decision today in Hein v. FFRF makes it much more difficult to challenge programs — in this case, the Bush administration’s decision, thorough executive order, to funnel taxpayer money to religious organizations — that raise serious Establishment Clause questions. I’m not at all persuaded by the Court’s holding; in the words of […]
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