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The Latest Breaking News from Scalia

Bruen, Originalism, and Post-Enactment Practice

What role should liquidation play in originalism?

Red Flag June Continues As Lemon Is Finally Interred

Justice Gorsuch stabs the final pencil into the Lemon Test.

The Decade From NFIB To Dobbs

A very unexpected path.

From analysis to the latest developments in health,
read the most diverse news in one place.

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A Scalia Clerk and A Stevens Clerk from OT 2007 Talk About Heller

"We think it’s clear that every member of the court on which we clerked joined an opinion — either majority or dissent — that agreed that the Constitution leaves elected officials an array of policy options when it comes to gun regulation"

Obscenity (Including as to Minors) and "the Work Taken as a Whole"

An isolated sexually themed passage, even a graphic one, doesn't make a work obscene.

Will Dobbs Be a Ticket Good for this Right Only?

What the Alito draft tells us about a possible future for same-sex marriage.

Don't Push A Pencil Through Lemon, Slice It In Half!

Will the Supreme Court finally overrule the Lemon test?

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Who is Ketanji Brown Jackson?

Who is Ketanji Brown Jackson?

Ms Jackson is the first Black woman on the Supreme Court

The Independent UK

Who is Ketanji Brown Jackson?

Who is Ketanji Brown Jackson?

Ms Jackson would be the first Black woman on the Supreme Court

The Independent UK

Justice Kavanaugh Is Not Going To Lay A Hand On Employment Division v. Smith

Kavanuagh's concerns about the "compelling interest" test in RLUIPA do not bode well from him restoring that test to Free Exercise Clause jurisprudence.

Justice Kavanaugh on Strict Scrutiny

In many areas of constitutional law, the Court allows a constitutional right to be overcome when a restriction passes "strict scrutiny"—i.e. (to oversimplify slightly), when the government can show that restricting the right is the "least restrictive means" of serving a "compelling government interest." In some fields, such as free…

Who is Ketanji Brown Jackson?

Who is Ketanji Brown Jackson?

Ms Jackson would be the first Black woman on the Supreme Court

The Independent UK

Scalia Law School Faculty Statement of Commitment to Open Dialogue and Debate

It's becoming increasingly clear that other law schools are dearly in need of a similar commitment

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