Justice Kennedy Channels John Hart Ely: Windsor’s Effort to Clear the Channels of Political Change

For the last few days, I’ve been blogging about a new paper of mine on Windsor v. United States over on Balkinization (here, here, and here). I offer a new spin on it, one that invokes Ely’s Democracy and Distrust … Continue reading

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Re: From the Hobby Lobby oral argument: Should legislation passed by unanimous vote be invalidated or narrowly construed?

Will Baude’s Washington Post piece raises an interesting significance-of-the-legislative-process question. While Will (and the Court) frames the issue in constitutional terms, it has obvious statutory interpretation implications as well. Just a few things that popped out at me while reading … Continue reading

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“Elmendorf: Making Sense of Section 2 – Part 4 (Judicial Lawmaking Authority and Stare Decisis)”

Here is Chris Elmendorf’s latest guest blog post: In my last two posts, I argued that constitutional doubts about Section 2 could be resolved by conditioning liability on a showing that the plaintiffs’ injury resulted from race-biased decisionmaking by public … Continue reading

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Elmendorf: Making Sense of Section 2 – Part 3 (The Electorate as State Actor)

Here’ Chris Elmendorf’s latest guest post: In yesterday’s post, I argued that constitutional doubts about Section 2’s results test would be put to rest if plaintiffs were required to show that their injury resulted from race-biased (prejudiced or stereotyped) decisions … Continue reading

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