The Political Safeguards of Horizontal Federalism

Over at Balkinization, I’ve been blogging (here, here, here, and here) about the benefits associated with spillovers, which occur when one state’s policies affect citizens of another state. Most of those arguments have to do with my other field, federalism. … Continue reading

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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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