troubavore.bsky.social
@troubavore.bsky.social
I end the semester with an R.
December 31, 2025 at 7:03 PM
I suspected as much 😅
December 31, 2025 at 6:26 PM
I wonder where that conservative structuralism was in Bush v Gore, but maybe. As to free speech, calling it Lochnerism is apt. I have never understood how anyone can claim "originalism" around the court's modern 1A jurisprudence, although that is how some attack NY Times v Sullivan when convenient.
December 31, 2025 at 6:19 PM
Don Herzog once told our class that "Justice Rehnquist delivers the opinion of the Court" is a legal term of art meaning "the state wins."
December 31, 2025 at 2:18 AM