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Tuesday, September 16, 2025

Marital Privilege and Immigration Law

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For the Balkinization symposium on Serena Mayeri,  Marital Privilege: Marriage, Inequality, and the Transformation of American Law  (Yale Un...
Monday, September 15, 2025

The Problem of "Popular" "Sovereignty"

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Sandy Levinson and I have uploaded a draft of our latest essay, The Problem of "Popular" "Sovereignty,"  to SSRN. Here i...

From Status to Function

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For the Balkinization symposium on Serena Mayeri,  Marital Privilege: Marriage, Inequality, and the Transformation of American Law  (Yale Un...
Sunday, September 14, 2025

Marital Supremacy, Liberalization & Privilege

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For the Balkinization symposium on Serena Mayeri,  Marital Privilege: Marriage, Inequality, and the Transformation of American Law  (Yale Un...
Saturday, September 13, 2025

The Administration’s Self-Created Inability to Make a Deal

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     Throughout Anglo-American history, various kinds of people have been incapable of entering into legally binding contracts.   This has...
Friday, September 12, 2025

Understanding the Roots of Today’s Marital Inequality

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For the Balkinization symposium on Serena Mayeri,  Marital Privilege: Marriage, Inequality, and the Transformation of American Law  (Yale Un...
Thursday, September 11, 2025

Promoting Equality and Marriage

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For the Balkinization symposium on Serena Mayeri,  Marital Privilege: Marriage, Inequality, and the Transformation of American Law  (Yale Un...

Selective Service and Illegal Aliens

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I did not realize until today that male illegal aliens in the relevant age range are required by federal law to register for Selective Servi...

The State of Impoundment Litigation Now

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     The past few weeks have gone a long way toward framing the key questions that will decide whether the Trump Administration’s massive im...
Wednesday, September 10, 2025

The Staying Power of Marriage Inequality

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For the Balkinization symposium on Serena Mayeri,  Marital Privilege: Marriage, Inequality, and the Transformation of American Law  (Yale Un...

Balkinization Symposium on Serena Mayeri, Marital Privilege

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This week at Balkinization we are hosting a symposium on Serena Mayeri's new book, Marital Privilege: Marriage, Inequality, and the Tr...
Tuesday, September 02, 2025

National Conference of Constitutional Law Scholars -- Call for Papers

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The Rehnquist Center at the University of Arizona's James E. Rogers College of Law is pleased to announce the eighth annual National Con...
Sunday, August 31, 2025

Making Policy Based on Falsehoods: The Federal Government vs UCLA

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What happens when the government makes policy based on falsehoods? As our present administration’s unrelenting destruction of American idea...
Friday, August 29, 2025

No Ordinary Opinion Announcement

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Next Term, the Supreme Court will rule on the legality of the Administration's tariffs. This will be a market moving event, to say the l...
Thursday, August 28, 2025

A Grand Jury Will Not Indict a Thrown Ham Sandwich

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I was surprised to learn that a federal grand jury in Washington DC declined to indict on a felony charge the DOJ employee who threw a sandw...
Wednesday, August 27, 2025

What *are* the legal questions at issue in Trump's purported removal of Lisa Cook from the Federal Reserve Board?

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Over on bluesky, my fellow blogger Mark Tushnet expressed his "frustration" with what the " progressive commentariat" h...
Monday, August 25, 2025

Casebooks, Canons, and Constitutional Memory

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Sandy Levinson and I have uploaded a draft of our latest essay,  Casebooks, Canons, and Constitutional Memory , to SSRN. Here is the abstrac...
Friday, August 22, 2025

Where Impoundment Litigation Stands after NIH v. APHA

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      For months, those challenging the Trump Administration’s massive impoundment of appropriated funds have been left to try to divine dee...
Wednesday, August 20, 2025

Trump Has Found a Cruel New Way to Attack Trans Veterans

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Earlier this year, when President Donald Trump issued an executive order that expelled transgender troops from the U.S. military, the admini...
Saturday, August 16, 2025

The D.C. Circuit’s Tangled Impoundment Decision

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         On August 13, a panel of the U.S. Court of Appeals for the District of Columbia Circuit handed down an opinion on President Trump’...