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The conservative transformation from judicial restraint to judicial activism

The perception that left-of-center judges are judicial activists and conservative judges engage in judicial restraint no longer holds. Recently retired judge David Tatel (left), a former civil rights lawyer, writes in his recent autobiography that his judicial philosophy was judicial restaint. Chief Justice John Roberts (right) presides over a conservative majority, activist court. It has […]

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United States v. Rahimi exposes the doctrinal and practical flaws of the Supreme Court’s Second Amendment originalist jurisprudence

The Supreme Court decision in United States v. Rahimi represents a slightly less strict application of originalism to Second Amendment issues than appeared in the Court’s 2022 decision in New York State Rifle & Pistol Assn., Inc. v. Bruen. Nonetheless, the Rahimi decision further exposes the problems of applying an originalist test to governmental regulation

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Larry David did not imagine it — Georgia passed a law in 2021 making it a crime to give water to somebody waiting in line to vote

In my view, Larry David’s HBO show Curb Your Enthusiasm is one of best television shows of the millennium. Amazingly it spans the millennium, with the first season airing in 2000 (!) and the final season just concluded. Funny, witty, clever, and edgy, the only show I can compare it to its progenitor Seinfeld. Larry

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The role of the Civil Rights Act of 1964 in bringing major league sports to the Deep South

Hank Aaron, an all-time baseball great, was hesitant to move to Atlanta from Milwaukee with the Braves because of his experiences growing up in segregated Mobile, Alabama and as a minor leaguer in Georgia. Dr. Martin Luther King Jr. was among those who encouraged Aaron to play in Atlanta. Yesterday was the 60th anniversary of

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How the Supreme Court’s decision in Alexander v. South Carolina Conference of the NAACP excuses discrimination

The “three wise monkeys” were created in the 16th Century from a shrine in Japan but the underlying of maxim of “hear no evil, speak no evil, see no evil” for somebody who is trying to avoid the truth goes back more than 2,000 years to China, at least according to Wikipedia.   When one

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Civil Rights Lawyer Hall of Famer Steve Pollak/Three different approaches to constitutional interpretation in the CFPB v. CFS

  This week’s post is on two distinct subjects. For weeks I have planning to publish a post about the concept of a Civil Rights Lawyer Hall of Fame because of events this week commemorating the “Hall of Famer” Steve Pollak. Then last Thursday the Supreme Court issued its decision on the constitutionality on how

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The worst Supreme Court decision on abortion in terms of jurisprudence

Conservative textualist justices put states’ rights ahead of textualism Dobbs v. Jackson Women’s Health Organization is one of the most impactful Supreme Court decisions in decades. I struggle to find the words that adequately express the magnitude of the Court overruling its 1973 decision in Roe v. Wade and holding that the Constitution does not

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