Making the Party Presentation Principle Safe for Originalism
The Supreme Court sometimes adheres to what it now calls the “party presentation principle”—terminology that dates back to 2008. Although… Continue reading →
Supreme Court
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The Untold Story of the Proto-Smith Era: Justice O’Connor’s Papers and the Court’s Free Exercise Revolution
Justice O’Connor’s recently released Supreme Court papers reveal the untold story of how the Court systematically dismantled religious accommodation protections… Continue reading →
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Clarifying Judicial Aggrandizement
Scholars argue that the Roberts Court has been engaged in a judicial “power grab.” Some scholars describe the Court as… Continue reading →