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The Volokh Conspiracy
Mar 04, 2026 from The Volokh Conspiracy

Interesting Dissent in American Indian Religious Case Under Texas RFRA

From a dissent from rehearing en banc Friday in Perez v. City of San Antonio, by Fifth Circuit Judge Andrew… The post Interesting Dissent in American Indian Religious Case Under Texas RFRA appeared...

The Volokh Conspiracy
Mar 04, 2026 from The Volokh Conspiracy

The Role of Delegation Theories in Deforming the Constitution

The Supreme Court's approaches of assuming agency authority to issue legislative rules and of prohibiting Congress from delegating to itself have resulted in an enormous transfer of power to the Ex...

The Volokh Conspiracy
Mar 04, 2026 from The Volokh Conspiracy

Today in Supreme Court History: March 4, 1861

3/4/1861: President Abraham Lincoln's inauguration. The post Today in Supreme Court History: March 4, 1861 appeared first on Reason.com.

The Volokh Conspiracy
Mar 04, 2026 from The Volokh Conspiracy

Open Thread

What’s on your mind?

The Jaxson
Mar 04, 2026 from The Jaxson

Register for State of the South: Jacksonville

We’re just two weeks out from State of the South: Jacksonville - sign up now before registration closes at the end of this week! - MDC and LISC Jacksonville are partnering to host a convening March...

The Volokh Conspiracy
Mar 04, 2026 from The Volokh Conspiracy

Justice Kagan's Bad Ayahuasca Trip

Because this hallucinogen can also be used for a religious ritual, there is a very difficult question about how federal gun law would apply.

The Volokh Conspiracy
Mar 04, 2026 from The Volokh Conspiracy

Substantive Due Process After Mirabelli

Dobbs didn't end SDP, but instead reoriented it to the Glucksberg history and tradition test.

The Volokh Conspiracy
Mar 03, 2026 from The Volokh Conspiracy

Equal Protection Clause Challenge to Single-Sex Public School Classes Can Go Forward

Plus, some allegations of some unusual teacher behavior in the boys' class.

The Volokh Conspiracy
Mar 03, 2026 from The Volokh Conspiracy

Mirabelli Offers a Beautiful Vision of the Emergency Docket

Justices Barrett and Kavanaugh, as well as the Chief Justice, are on the same page.

The Volokh Conspiracy
Mar 03, 2026 from The Volokh Conspiracy

Confusion about Commandeering

Whether the issue is immigration enforcement or environmental law, states are not obligated to enforce federal laws.

The Volokh Conspiracy
Mar 03, 2026 from The Volokh Conspiracy

SCOTUS Saves Staten Island

Will Callais come tomorrow?

The Volokh Conspiracy
Mar 03, 2026 from The Volokh Conspiracy

$10M Award to Idaho Prof Accused of Murder Based on Defendant's "Psychic Intuition"

For more on the backstory, see these posts; an excerpt from one: This case arises out of the tragic murder… The post $10M Award to Idaho Prof Accused of Murder Based on Defendant's "Psychic Intuiti...

The Volokh Conspiracy
Mar 03, 2026 from The Volokh Conspiracy

Faculty-Run Independent Law Journal Looking for Editors (Law Clerks, SJD Students, Fellows, or Junior Professors)

The Independent Law Journal is a new faculty-led legal journal aimed at helping reform academic legal publishing and promoting ideological… The post Faculty-Run Independent Law Journal Looking for ...

The Volokh Conspiracy
Mar 03, 2026 from The Volokh Conspiracy

The "Unitary Executive" Theory's Contribution to the Deformation of the Constitution

The "three buckets" picture of the federal government, in combination with the unitary executive thesis, gives extravagant power to the President.

The Volokh Conspiracy
Mar 03, 2026 from The Volokh Conspiracy

Today in Supreme Court History: March 3, 2019

3/3/2019: Schenck v. United States decided.   The post Today in Supreme Court History: March 3, 2019 appeared first on Reason.com.

The Volokh Conspiracy
Mar 03, 2026 from The Volokh Conspiracy

Open Thread

What’s on your mind?

The Volokh Conspiracy
Mar 03, 2026 from The Volokh Conspiracy

Counting The Votes In Mirabelli v. Bonta

We only know how Justice Gorsuch voted because Justice Kagan told us he was in the majority.

The Volokh Conspiracy
Mar 03, 2026 from The Volokh Conspiracy

The Supreme Court's Emergency Docket Meets The Inferior Courts' Emergency Dockets

Why should the Supreme Court defer to the emergency docket of lower courts?

The Volokh Conspiracy
Mar 03, 2026 from The Volokh Conspiracy

Second Amendment Roundup: Oral Argument in Hemani

Testing whether an unlawful user of marijuana forfeits the right to have arms.

The Volokh Conspiracy
Mar 03, 2026 from The Volokh Conspiracy

Slavery and Birthright Citizenship

All the Trump Administration's arguments for denying birthright ctizenship to children of undocumented immigrants are at odds with the main purpose of the Citizenship Clause of the Fourteenth Amend...

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