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Tag Archives: Chemerinksy

SCOTUS ACA Update

This update from XPOSTFACTOID showed up in my inbox. If Roberts and Kavanaugh continue on the same path they have started out on initially, it appears the case brought about by Texas make fail. Briefly, here are some points made. November 10 in oral argument; California v. Texas  Roberts appears equally skeptical about this argument from intent. In oral argument yesterday, Kyle Hawkins, arguing for Texas, made the case: “I think it’s critical that, in...

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Do we really want our rights to be determined by the understandings of centuries ago?

The Philosophy That Makes Amy Coney Barrett So Dangerous, NYT, Erwin Chemerinsky, October 2020, Opinion Piece If I did not know this man personally, I would have never looked to him for help and also advice from time to time.  It was only through a friend I wrote with at the old Slate site, I had the chance to meet him. Professor Chemerinsky discusses the dangers of applying an originalism interpretation of the US Constitution. There is not much I can add...

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Recent SCOTUS Decisions

“I have rarely seen so much inconsistency and even hypocrisy from the Supreme Court as in its decision to uphold President Trump’s travel ban.” On the Colorado SCOTUS Decision A few weeks ago, the court found that members of the Colorado Civil Rights Commission had expressed impermissible hostility to religion because of relatively mild statements that every business in Colorado should serve all customers regardless of the owner’s religion, and that...

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