Tag: judicial review

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Right wing memes gone wild

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In General
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On April 3, 2012
Scott links below to Ruth Marcus’s inane pearl-clutching over how Obama criticizing the Supreme Court could be interpreted as an Assault On the Rule of Law and Thus Our Most Sacred Freedoms. Apparently some sort of signal went out from the Bat Cave today. Behold the Fifth Circuit of our federal appellate court system: In […]

The Past Is A Grotesque Animal

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In General
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On November 3, 2010
Because there wasn’t enough bad news last week, the forces of discrimination strike back against three of the Iowa Supreme Court’s historic Varnum ruling. The good news is that the discrimination restoration faction faces an uphill climb, so with an effective struggle the ruling should remain in force.

Frankfurterism

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In Uncategorized
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On November 12, 2009
I have an article up on TAP noting that the referendum overturning same-sex marriage rights should once and for all make clear that “the idea that changes in support of gay and lesbian rights can preempt controversy and organized opposition as long as the courts stay out of it is a pernicious myth.” The remaining […]
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The Two Myths of Marbury

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In Uncategorized
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On March 4, 2009
This interesting-looking (well, to me) Slate book club reminds me that I just read another recent book about Marbury that attempts to at least partially debunk the decision that Sloan apparently puts on a pedestal. I think at this point it’s worth distinguishing between two branches of of Marbury revisionism. The first attempts to attack […]

Posner v. Heller

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On August 22, 2008

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&#

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