an unanticipated consequence of
Jack M. Balkin
Monday, June 27, 2016
Whole Woman's Health, Gonzales v. Carhart, and Medical Uncertainty
Just a quick note here to say that Whole Woman's Health' s understanding of Gonzales v. Carhart is in fact right on. The Fifth Cir...
Whole Woman's Health I: Justice Kennedy's Undue Burden Test
“Justice Breyer delivered the opinion of the Court” is the most important, unnecessary and interesting sentence in Whole Woman’s Health v. ...
The State of Scholarship on Religion and Constitutional Law
Paul Horwitz has a typically judicious post on the annual Law and Religion Roundtable, which I've attended a couple of times. I did so...
Saturday, June 25, 2016
Two Kinds of Pluralism and the Future of Affirmative Action
Fisher v. Texas II , decided this week in a startling opinion by Justice Kennedy for a 4-3 majority of a short-handed Court, will not end t...
Friday, June 24, 2016
Brexit, the Populist Moment, and Trust
The stunning Brexit vote showed all too clearly a chasm between elite and mass opinion, something that has always fascinated me, at least ...
The Isle of Constitutional Radicalism
The story told until recent years about the "unwritten" British Constitution was a charming paradox. On the one hand, the lack of ...
Thursday, June 23, 2016
Another June Surprise: Justice Kennedy Upholds Race-Conscious Admissions in Fisher
Confounding those who expected the Roberts Court to deliver a blow to the use of race in university admissions, Justice Anthony Kennedy...
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