Category: constitutional law
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 hav
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 the most essential blogs for g
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 obser
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 c
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
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 justi
Proving once again how astute Nader was to argue that control of the executive branch is irrelevant, a dismal looking day at the Supreme Court with the moderate Sam Alito writinga 5-4 opinion gutting
The Times on the Bowles decision: If the Supreme Court, with its new conservative majority, wanted to announce that it was getting out of the fairness business, it could hardly have done better than i
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