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1/ Usual 5-4 split overrules Nevada v. Hall today.
supremecourt.gov/opinions/18pdf…
Note that the majority--including those lauded as supposedly adhering to the new "original public meaning originalism" -- abjures any textual hook.
@WilliamBaude @Richard_Primus @dorfonlaw @tribelaw
supremecourt.gov/opinions/18pdf…
Note that the majority--including those lauded as supposedly adhering to the new "original public meaning originalism" -- abjures any textual hook.
@WilliamBaude @Richard_Primus @dorfonlaw @tribelaw
2/ They rely, instead, on an alleged "implicit ordering of relationships within the federal system," and proudly invoke "we must never forget, that it is a constitution we are expounding”! "There are many other constitutional doctrines," Justice Thomas adds, ...
3/ ... "that are not spelled out in the Constitution but are nevertheless implicit in its structure and supported by historical practice."
The hue & cry of apostasy from the new originalists/textualists should be coming any moment now . . .
The hue & cry of apostasy from the new originalists/textualists should be coming any moment now . . .
4/ @sbagen writes: "It's an interesting form of reasoning that says that the Constitution, which generally weakened state powers over the status quo ante, nonetheless strengthened states' claims of sovereign immunity against each other -- and did so sub silentio."
