Federal Judges Protect and Defend Precedent

A nominee for a seat on a U.S. Court of Appeals revealed exactly why we can’t count on federal judges to “protect and defend” the Constitution. Their commitment is to ...

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Justice Thomas’s Credo

July 29, 2019 Uncategorized 0

The Constitution, not precedent, is the law of the land by Myron Magnet One of the most striking aspects of Monday’s Supreme Court decision in Gamble v. United States was ...

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Originalism and Stare Decisis in the Lower Courts

July 27, 2019 Judiciary 0

By: Michael Boldin An interesting new paper by Josh Blackman on precedent vs the original constitution in federal courts. From the abstract at SSRN: The tension between originalism and stare ...

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