by William C. Duncan | Nov 19, 2021
Judicial review and the infamous Dred Scott case Written by This week the Supreme Court set its January argument calendar: the schedule of oral arguments it will hear in January. Some of those cases are likely to invoke the court’s power to consider the...
by William C. Duncan | Nov 18, 2021
A tangle of legislation, executive action, and litigation over abortion Written by In a recent speech at the University of Virginia, President Dallin H. Oaks of The Church of Jesus Christ of Latter-day Saints offered some wise words regarding conflicts...
by William C. Duncan | Nov 12, 2021
Supreme Court’s power over states was slow to develop Written by A recent post here referenced Chief Justice John Marshall’s 1832 opinion in Worcester v. Georgia, which held the state of Georgia could not force its laws on the sovereign Cherokee Nation. After...
by William C. Duncan | Nov 11, 2021
Supreme Court update on 4 religious freedom cases Written by At the beginning of the current Supreme Court term, Sutherland previewed four religious freedom cases the court might be considering. Ramirez v. Collier The court has just heard the oral argument in...
by William C. Duncan | Nov 4, 2021
The long shadow of Marbury v. Madison reaches to today’s Texas law dispute Written by Chief Justice John Marshall is credited with establishing the principle of judicial review – the power of courts to determine whether a law is consistent with the U.S....