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A unique measure enacted recently in Iowa providing parents public funding to send their children to private schools, including parochial ones, owed much to its neighbor to the north: Minnesota. It comes in the 40th anniversary of a pair of tax tussles that reached rival results before the U.S. Supreme Court.
What is the proper role of "history and tradition" in originalist interpretation? Do Dobbs, Bruen, & Kennedy pose a challenge to originalism?
Randy E. Barnett (Georgetown University Law Center) & Lawrence B. Solum (University of Virginia School of Law) have posted Originalism after Dobbs, Bruen, and Kennedy: The Role of History and Tradition on SSRN. Here is the abstract: In three recent...
Countries. >> first of all, you may be right. i don't think he used the word muslim ban. he said it. the vast majority of countries that have terrorism are muslim countries and how do you avoid a ban that is designed to prevent terrorism that doesn't focus on the countries where it comes from. do we have to add armenia. >> thing you can do is not give preference to religious minorities. >> that's the right thing to do. you want to give preference for people being persecute and discriminated against. we have a long history. that helps. it doesn't hurt. >> you can't give preference to a religion...