This calendar week in addition to side yesteryear side at nosotros are hosting a symposium on Lawrence Lessig's novel book, Fidelity in addition to Constraint: How the Supreme Court Has Read the American Constitution (Oxford University Press, 2019). The mass extends Lessig's theory of constitutional fidelity every moment translation to fence that the Supreme Court has, over its history, balanced the obligation of fidelity to pregnant amongst the obligation of fidelity to the judicial role. We convey assembled a terrific grouping of commentators, including Pamela Brandwein (Michigan), Ryan Doerfler (Chicago), Mark Graber (Maryland), Sandy Levinson (Texas), Gerard Magliocca (Indiana), John Mikhail (Georgetown), in addition to Larry Solum (Georgetown) At the conclusion, Larry Lessig volition response to the commentators.
There are at to the lowest degree 2 ways to empathise Vice President Pence’s argument that Joe Arpaio is a champion of the dominion of law. One is obvious in addition to the other is subtle. It’s non alone clear which reading ameliorate captures Pence's intentions. They’re both bad, but the subtle i is considerably worse. To lay a slice of groundwork: Joe Arpaio is not, inwards fact, a champion of the dominion of law. He is a persistent lawbreaker who systematically violated the Constitution in addition to was held inwards criminal contempt for courtroom for refusing to mend his ways. So on the obvious reading of Pence’s statement, the Vice President was proverb something that’s evidently untrue, presumably amongst the intention of reaping to a greater extent than or less political advantage. He was engaged inwards political gaslighting. But there’s too to a greater extent than or less other possibility—a to a greater extent than subtle in addition to to a g
The press is reporting that the Christian bakery who refused to bake a cake for a same-sex marriage ceremony has won his representative inward the Supreme Court. That is technically accurate exactly deeply misleading. He did become the determination against him reversed, exactly the adjacent fourth dimension he turns away a same-sex duad (as he has said he volition do), he volition lose his case. The Court’s persuasion provides no tangible assist for the bakery or other religious objectors to antidiscrimination laws, though it offers them closed to of import moral encouragement. I explicate at The American Prospect, here .
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