#constitutional-interpretation

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#originalism

Originalism Was Impossible

Originalism as a method to interpret the Constitution was practically impossible until modern resources became available.

What Neil Gorsuch Got Most Wrong in His Recent Publicity Tour

Justice Neil Gorsuch's book 'Over Ruled' challenges overregulation and cautions against Supreme Court reforms by President Joe Biden.

One of the Most Conservative State Supreme Courts in the Country Just Rebuked Dobbs

Conservative Utah Supreme Court surprises by blocking state's abortion ban, highlighting complexities faced by conservative judges in abortion rights cases.

Opinion | Something Other Than Originalism Explains This Supreme Court

The current Supreme Court is polarizing due to differing views on interpreting the Constitution.
Critics like Justice Breyer and Judge Newsom have contrasting opinions on upholding originalism in court decisions.

The Key to Saving Our Atrocious Campaign Finance Laws Might Be ... Josh Hawley?

Republican Sen. Josh Hawley introduced a bill that could fundamentally change campaign finance law.
Hawley's bill has zero chance of becoming law but signals a shift in campaign finance jurisprudence.

French: Cannon's ruling is right-wing living Constitutionalism

Conservative judges are issuing rulings that seem to defy the text of the Constitution and relevant statutes, contradicting the principles of originalism and textualism.

Originalism Was Impossible

Originalism as a method to interpret the Constitution was practically impossible until modern resources became available.

What Neil Gorsuch Got Most Wrong in His Recent Publicity Tour

Justice Neil Gorsuch's book 'Over Ruled' challenges overregulation and cautions against Supreme Court reforms by President Joe Biden.

One of the Most Conservative State Supreme Courts in the Country Just Rebuked Dobbs

Conservative Utah Supreme Court surprises by blocking state's abortion ban, highlighting complexities faced by conservative judges in abortion rights cases.

Opinion | Something Other Than Originalism Explains This Supreme Court

The current Supreme Court is polarizing due to differing views on interpreting the Constitution.
Critics like Justice Breyer and Judge Newsom have contrasting opinions on upholding originalism in court decisions.

The Key to Saving Our Atrocious Campaign Finance Laws Might Be ... Josh Hawley?

Republican Sen. Josh Hawley introduced a bill that could fundamentally change campaign finance law.
Hawley's bill has zero chance of becoming law but signals a shift in campaign finance jurisprudence.

French: Cannon's ruling is right-wing living Constitutionalism

Conservative judges are issuing rulings that seem to defy the text of the Constitution and relevant statutes, contradicting the principles of originalism and textualism.
moreoriginalism

Strict Scrutiny and Rational Basis Scrutiny - emptywheel

The Constitution has strict protections for few rights, demanding strong justification for infringement.
Felix Frankfurter was key in advocating for Holmes' ideas, reshaping legal interpretations through personal relationships.
#presidential-immunity

CNN's Kaitlan Collins Hits Back At Trump Attorney Claim In Intense Interview: Immunity Is Not Actually In The Constitution'

The debate revolves around the concept of presidential immunity and its interpretation in the U.S. Constitution.

French: What happened to the originalism of the Supreme Court originalists?

The Supreme Court's recent decisions on presidential immunity are difficult to reconcile with the constitutional text, leading to confusion and questions about potential biases or motivations.

CNN's Kaitlan Collins Hits Back At Trump Attorney Claim In Intense Interview: Immunity Is Not Actually In The Constitution'

The debate revolves around the concept of presidential immunity and its interpretation in the U.S. Constitution.

French: What happened to the originalism of the Supreme Court originalists?

The Supreme Court's recent decisions on presidential immunity are difficult to reconcile with the constitutional text, leading to confusion and questions about potential biases or motivations.
morepresidential-immunity

The Varieties Of Activist Judges - emptywheel

The Warren Court's decisions aimed to expand democracy and protect individual rights, which conservatives opposed due to disrupting the status quo of suppressing marginalized groups.

The Constitution Can't Save Us

The Constitution remains popular and untouchable, but it can be difficult to solve modern-day problems with an 18th-century document.
Courts should focus on causing the least permanent harm possible instead of aligning with the Constitution.

France's far-right leader Le Pen questions Macron's role as army chief

Marine Le Pen emphasizes that the prime minister holds significant power over military decisions, not just the president.

Does Justice Thomas Hate Invention or Just the Hubris of Inventors?

A recent Supreme Court case upheld the constitutionality of the Mandatory Repatriation Tax (MRT) despite dissent emphasizing judicial invention negative implications.
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