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NINOMANIA

:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::


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"Frankfurter was born too soon for the Web, but I'm sure that, had it been possible, there would have been the equivalent of Ninomania for Frankfurter."
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(I agree, and commented here.)


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    [::..archive..::]
    ::

    :: Tuesday, March 22, 2005 ::
    Chicago Tribune: Schiavo statute unusual but not necessarily unconstitutional.
    "The biggest criticism I might have is that I've never seen anything like it," said Akhil Amar, a professor at Yale Law School. "But that doesn't automatically mean it's unconstitutional."

    Stephen Presser, a law professor at the Northwestern University Law School, said he initially had thought the law would fail constitutional review, but ultimately concluded, "It's a closer call."

    "I go back and forth," he said.
    I'm very disappointed with Prof. Douglas Kmiec (quoted further along in the article), whose con law casebook I'm using -- for now. Hey, students, let's go back and review the part where the editors strongly imply that the Dred Scott case should have been resolved on the basis of natural law as declared in the Declaration of Independence! The U.S. Constitution protects certain inalienable rights, including life -- that is your position, isn't it, Doug? If it were 1856 and the federal courts had refused to hear Dred Scott's appeal, and Congress had passed a statute requiring that they do so (but not directing the outcome), would that have been an "abomination," Doug? Undoubtedly the fault is mine, but I must say that I Do Not Get It.

    ACLJ's amicus brief in support of preliminary injunctive relief.

    :: David M. Wagner 12:14 AM [+] ::
    ...

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