Bench Memos

Originalism and Affirmative Action

Excellent discussion here by Professor Michael Rappaport.  The bottom line (quoting the abstract):  “In addition to arguing that the evidence for the constitutionality of affirmative action under the 14th Amendment’s original meaning is weak, the Article also contends that there is relatively substantial originalist evidence in favor of the colorblind Constitution.”  I came to a similar conclusion, but without the impressive scholarship, here.

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Elections

Election 2020’s Endgame

Today on the menu: States are certifying their votes, and Trump's legal team is in turmoil. The 2020 Election Starts to Wind Down Michigan and Pennsylvania are set to certify their election results today, and Nevada is scheduled to do the same tomorrow. Saturday night, U.S. district judge Matthew W. ... Read More
Elections

Election 2020’s Endgame

Today on the menu: States are certifying their votes, and Trump's legal team is in turmoil. The 2020 Election Starts to Wind Down Michigan and Pennsylvania are set to certify their election results today, and Nevada is scheduled to do the same tomorrow. Saturday night, U.S. district judge Matthew W. ... Read More