“Oasis or Mirage: The Supreme Court’s Thirst for Dictionaries in the Rehnquist and Roberts Eras”

Jim Brudney and Larry Baum have posted this draft on SSRN. The Supreme Court’s use of dictionaries, virtually non-existent before 1987, has dramatically increased during the Rehnquist and Roberts Court eras to the point where as many as one-third of … Continue reading

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“End of the Dialogue? Political Polarization, the Supreme Court, and Congress”

I have just posted a revised and updated version of this article (forthcoming Southern California Law Review) on SSRN.  (The article was recently the subject of this Adam Liptak “Sidebar” column in the NY Times.)  Here is the revised abstract: … Continue reading

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Was Chief Justice Roberts Most Unprincipled in Applying the Doctrine of Constitutional Avoidance in the Health Care Case, in NAMUDNO (the Voting Rights Act Case) or in Citizens United?

In my initial post on the health care decision, I stated “Once again, the Chief has manipulated the doctrine of constitutional avoidance to do what he wanted to do in a high profile, important case.” I hadn’t had a chance … Continue reading

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“The ‘CBO Canon’ and the Debate Over Tax Credits on Federally Operated Health Insurance Exchanges”

The following is a guest post from Abbe Gluck [cross-posted from Balkinization]: Abbe Gluck The latest fracas over health reform—the challenge to subsidies for the federal exchanges—offers a long-overdue opportunity to think about how particular features of modern lawmaking might … Continue reading

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Federal Court Declines to Enjoin Disavowed Florida Purge Under NVRA

In a decision released this morning, a federal court declined to issue a temporary restraining order in the DOJ’s NVRA challenge to Florida’s purported purge of noncitizens. Part of the reason was that the Florida Secretary of State Detzner apparently said … Continue reading

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“Either/Or: Professors Zephyr Rain Teachout and Akhil Reed Amar – Contradictions and Reconciliation”

Seth Barrett Tillman has posted this draft on SSRN.  Here is the abstract: The Foreign Emoluments Clauseis a constitutional backwater. So much so, that there is no substantial discussion of this clause in any federal adjudication (although the Office of … Continue reading

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Federal District Court Calls Out Supreme Court on Its Shoddy Statutory Interpretation of the VRA in the NAMUDNO Case

From today’s opinion in the Shelby County case, I was gratified (but somewhat surprised) to see the following passage in the district court’s discussion of NAMUDNO: On appeal, however, the Supreme Court reversed and remanded. In a decision that has … Continue reading

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