https://youtu.be/WvOZs3g3qIo?si=9rHJ0cOvpKwIeiws I've argued that the defects of the U.S. Constitution — as interpreted by the Roberts Court and exploited by the Trump administration — leave us no choice but to pursue a long-term goal of amending it. I've also hypothesized that the very process of...
constitutional law
By WolfgangRieger - The Gospel of Judas. Critical Edition. Washington 2007, Public Domain, https://commons.wikimedia.org/w/index.php?curid=5993036 Last week I attended a wedding, at which I had a long conversation with an historian.
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.
One one level, I'm sympathetic to Ilya Somin's response to Adam Cohen's "gotcha" column about "judicial activism." It's true that most conservatives have never claimed that the Courts should never overturn laws or applications of laws by the executive branch, and in this sense individual...
Marty Lederman has a useful, bookmarkable list of every Balkinization post about the title subjects. Seeing them all in one place reminds me that I while I can take even.
6 CA upholds the warrantless wiretapping program 2-1...on standing grounds. Great; the prefect ruling for the age of Yoo. The secrecy of the arbitrary executive insulates even the illegal actions.
Marty Lederman identifies the two crucial pieces of data from the first full term of the Roberts Court. The first is that "the Chief Justice voted for the more conservative result (by most observers' lights) in 24 out of the 24 cases decided by a...
Some initial observations based on a first reading of the Court's opinion striking down voluntary school integration programs in Louisville and Seattle:Nothing in the text of the Constitution compels these.
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.
At this thread over at TAPPED, some commenters tried to defend Scalia's credentials as a principled originalist who was never political. In response, I mentioned Bush v. Gore, which not only had no conceivable "originalist" justification but failed to conform even to basic standards of...
Today's "Bong Hits 4 Jesus" case actually turns on relatively narrow grounds. The problem with Roberts' opinion is that it turns on a claim that punishing the student was justified.
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.