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Sanford Levinson
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Entries by Sanford Levinson

Scalia's Legacy: Introducing Trash Talk into the Opinions of the Supreme Court

(21) Comments | Posted February 15, 2016 | 6:26 PM

Much can, and undoubtedly will, be said about the legacy of Justice Antonin Scalia.

He is being called a "giant" of the Supreme Court. His dogmatic insistence on so-called originalism as the one true way to interpret the Constitution has shaped much discussion of the Constitution. He proudly proclaimed that,...

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The Supreme Court's Missed Opportunity to Treat Health and Death With Dignity

(5) Comments | Posted June 15, 2012 | 6:42 PM

The New York Times has just revealed how two opponents of health care reform conceived the memorable fear that requiring Americans to purchase of health insurance meant that the government could force us to eat broccoli. That this idea endures means that Supreme Court Justices and the Solicitor General missed...

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The Constitution as a Regulatory System: Inaugurating a New President

(52) Comments | Posted October 16, 2008 | 4:21 PM

Almost everyone these days, regardless of formal political identification, agrees that one implication of our present discontent is the need to revamp our system of regulation vis-à-vis the domestic and international economy. Republicans and Democrats no doubt disagree on particular solutions, but few indeed are currently willing to repeat the...

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DC v. Heller: A Dismaying Performance By The Supreme Court

(169) Comments | Posted June 26, 2008 | 6:56 PM

One can interpret today's decision in the Heller case from both "external" political perspectives or from a more "internal" legal one. I begin with the former: My own hope, which was spectacularly unrealized, was that the Supreme Court would unanimously accept the very well-written and -argued brief by the...

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