Gundy v. United States (2019) and Fulton v. City of Philadelphia (2020) signaled that the Court was open to changing course in two important doctrines. First, in Gundy, Justice Gorsuch’s dissent, which was joined by the Chief Justice and Justice Thomas, signaled that the Court should rethink the non-delegation doctrine. Justice Alito also seemed to be on […]
Justice Kavanaugh’s concurrence in FCC v. Consumers’ Research is one of his most significant separate writings. He lays out a roadmap for how he sees the separation of powers, and in particular the removal power cases. First, as I was reading Justice Kavanaugh’s concurrence, I could hear the voice of a former White House lawyer. Indeed, […]
In Employment Division v. Smith, Justice Scalia identified the concept of hybrid rights: a restriction that targets two constitutional rights would be reviewed with heightened scrutiny. For example, a ban on saying “Merry Christmas” would offend both the freedom of speech and the free exercise of religion. The hybrid rights doctrine was a useful way for […]
There is an exception to the mootness doctrine, known as “Capable of repetition, yet evading review.” The most prominent example of this doctrine occurs in abortion cases. A pregnancy lasts about nine months, while a challenge to an abortion restriction lasts much longer. The courts have allowed such litigation to continue, even after the pregnancy […]
Libertarian City Dream in Honduras Becomes $11 Billion Nightmare (2) Bloomberg Law News Read More Article from “libertarian” – Google News
I continue to make my way through the final decisions of the term. Next up is Gutierrez v. Saenz. At first blush, this is the sort of case you might skip over. Can a convicted murderer sue the District Attorney under Section 1983 to force him to test potentially exonerating DNA evidence? This dispute turns, in […]
Click Here: Eugyppius The post Migrants will not stop molesting and assaulting… appeared first on LewRockwell. Read More Article from LewRockwell
Co-blogger Josh Blackman here acknowledges that he hasn’t been following the legal developments in the TikTok case too closely, and that his reaction to the Attorney General’s claim that the President had “nullified the legal effects of a statute passed by large bipartisan majorities in 2024” is “schaudenfreude.” For more than a decade, I’ve written […]
A Libertarian Blueprint for Dismantling the Federal Leviathan Cato Institute Read More Article from “libertarian” – Google News
Click Here: Eugyppius The post In the latest leftoid failure to understand basic economic principles appeared first on LewRockwell. Read More Article from LewRockwell
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