Text & History
"Legal news and analysis concerning the Constitution and the U.S. Supreme Court."
Author: "The Constitutional Accountability Center a Washington, D.C.-based legal think-tank and public interest law firm dedicated to demonstrating how the Constitution upholds progressive outcomes."
Blawg Related Categories: Constitutional Law • Law Firm
Recent Posts from Text & History
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Today in the News, 3.16.09
“By applying methods blessed by conservatives to the neglected texts and forgotten framers of the Reconstruction amendments, liberals hope to deploy powerful new arguments to cement precedents under threat from the right and undergird the…
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The Lost Profits Theory Isn’t All It’s Cracked Up To Be
by Elizabeth Wydra, Chief Counsel, Constitutional Accountability Center As we reported yesterday, the Federal Circuit did the right thing in its Rose Acre Farms v. United States ruling, refusing to compensate Rose Acre Farms, Inc.…
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Federal Circuit Puts People Before Profits In Reversing Huge Verdict For Tainted Egg Producer
Today, in a victory for public health and safety, the U.S. Court of Appeals for the Federal Circuit reversed a lower court’s ruling that the U.S. must compensate egg producer Rose Acre Farms, Inc $5.4…
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Will Married Same-Sex Couples be “Edited” Out of the 2010 Census, Despite the Constitutional Mandate of “Actual Enumeration”?
by Judith E. Schaeffer, Vice President, Constitutional Accountability Center Article I, Section 2 of the Constitution requires that an “actual Enumeration” of the U.S. population be made every ten years — a task now referred…
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The Latest Chapter in the Constitution’s Progressive History?
Yesterday, Sen. Russ Feingold (D-WI) and Rep. John Conyers (D-MI) held a joint hearing on their proposed constitutional amendment that would require states to hold elections to fill Senate vacancies, and thus prevent governors like…
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Today in the News, 3.10.09
“…Supreme Court Justice John Paul Stevens is not, repeat not, winding down.” In this week’s Legal Times, Tony Mauro discusses the legacy and tenacity of the Court’s most senior member. “Souter made a strong pitch…
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Why Can’t Conservatives Get Dred Scott and the Constitution Right?
by David H. Gans, Director of the Human & Civil Rights Program, Constitutional Accountability Center Commenting on the 152nd year anniversary of the Supreme Court’s ruling in Dred Scott v. Sanford, Curt Levey of the…
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Today in the News, 3.9.09
“‘We think Justice Thomas got it exactly right.’“ CAC President Doug Kendall is quoted in Sunday’s LA Times, discussing Clarence Thomas’ concurring opinion in last week’s Supreme Court decision in Wyeth v. Levine. “‘What we’re…
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Today in the News, 3.6.09
“The idea that corporations are shielded from state liability claims by federal rules is relatively new and was pushed aggressively under the Bush administration.” AP reports (as the NY Times hasextensively) that Democrats in Congress…
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Today in the News, 3.5.09
“The Court’s decision soundly rejects the anti-consumer position of the Bush administration, and reaffirms Congress’ primacy concerning the extraordinary power to preempt state law.” Sen. Patrick Leahy (D-VT) comments on yesterday’s Supreme Court ruling in Wyeth…