In today’s Stop the Beach opinion, Justice Scalia (joined by the other three conservatives) criticizes Justice Kennedy for arguing that what Scalia consider “judicial takings” should instead be handled as violation of the Due Process Clause: The second problem is that we have held for many years (logically or not) that the “liberties” protected by […]
Archive | Constitutional Law
“Justice Souter’s Bad Constitutional History”
By Jonathan H. Adler on June 14, 2010 8:23 pm in Constitutional History, Constitutional Law, Fourteenth Amendment, Racial Discrimination, Supreme Court
Last month, retired Justice David Souter delivered the commencement address at Harvard. His speech was a veiled challenge to proponents of originalism. Some commentators, such as Washington Post columnist E.J. Dionne, Slate‘s Dahlia Lithwick, and TalkLeft’s Big Tent Democrat were impressed. Others, not so much. In today’s WSJ, Northwestern University’s John McGinnis and USD’s Michael […]
AZ Boycott and the Constitution:
Given that we’re deep into law school exam periods, here’s today’s question (“snatched,” as they say, “from today’s headlines”): The State of Arizona, you may assume, has passed controversial legislation regarding the legal status of immigrants in the State. The City Council of Los Angeles, protesting the impact of the Arizona law, declares that it […]