Tag: constitutional interpretation
Adam Liptak has a useful roundup, noting that the Court does not have any “blockbusters” comparable to last year’s Second Amendment, death penalty, and war powers decisions. There ar
Since there seems to be some confusion here, allow me to save time in comments by explaining a basic distinction: 1)Under current law, a woman has a fundamental right to choose an abortion. And if Gri
Richard Posner has an interesting article — essentially an application of his recent HLR Foreword — critiquing the Supreme Court’s decision in Heller, the D.C. gun control case. It
There’s something of a curious disconnect between two passages of Scalia’s opinion in Heller: After an exhaustive discussion of the arguments for and against gun control, Justice Breyer ar
Today’s decision in Kennedy v. Louisiana is a fairly typical Eighth Amendment case. The relevant textual language — “nor cruel and unusual punishments inflicted” — can ev
Given the credible assumption that Scalia will be writing the Court’s likely-to-be-a-landmark 2nd Amendment opinion in Heller, Mike O’Shea claims that this is “great news for those w
In response to Eugene Volokh, I should say that I’m perhaps making a slightly different argument than the one he’s addressing. My point about the vote in the legislature, as well as the su
In light of the passing of Mildred Loving, it’s useful to return to standard set out by Antonin Scalia to apply the equal protection clause in cases that don’t involve installing a politic
- Erik Visits an American Grave, Part 1,105
- When you’re too ignorant to know how insane orthodox Republican policy on guns is
- LGM Film Club, Part 267: You in Japan
- Starbucks Union: Chilean Lessons
- Cowardly accessories to murder demand the protection they refused to provide
- Uvalde police didn’t want *anyone else* doing their job, either
- 19 dead kids and 19 live cops
- Monsters
- Metal Masculinity
- Coward cops and America’s WMD gun fetish