Part III: Barr v. AAPC and Stare Decisis

I have published two posts on Barr v. AAPC. The first considered judicial departmentalism. The second focused on content-based restrictions. Here, I will tease out the discussions of stare decisis. First, …

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Today in Supreme Court History: July 7, 1893

7/7/1893: Justice Samuel Blatchford dies. Justice Samuel Blatchford ReasonFounded in 1968, Reason is the magazine of free minds and free markets. We produce hard-hitting independent journalism on civil liberties, politics, …

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Brickbat: The Land of the Free

Officials in Virginia ordered a contractor to remove a giant American flag from a Richmond construction site on the day before the Fourth of July, saying it would be a target …

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Footnote 12 and retroactive liability

As Jonathan and others have noted, the plurality opinion in Barr v. AAPC has a lot of interesting severability analysis. It also contains a very important, if unexplained, footnote, after …

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