Moore v. United States

When conservative interest groups cheered Charles and Kathleen Moore’s suit against the government over a tax bill,1 they sought to “permanently put…to rest”2 progressive American lawmakers’ calls for a wealth tax.3 Instead, after the Supreme Court unexpectedly “changed the subject,”4 the justices reopened old wounds from the “most intense legal discourse” of an earlier era, […]

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DeVillier v. Texas

The law of constitutional remedies is tightly coupled with the law of equity. In the early twentieth century, suits in equity became the “normal mechanism” through which constitutional rights were protected against violation by government officials.1 From the 1950s to the 1970s, the structural injunction — which emerged as a tool to combat segregation — […]

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McElrath v. Georgia

The substantive law under which defendants are prosecuted can vary from state to state.1 But regardless of jurisdiction, there are procedural barriers against successive prosecutions.2 States like Georgia have created their own barriers to criminal proceedings by passing laws and amending their own constitutions.3 The federal barrier, contained in the Double Jeopardy Clause of the […]

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United States v. Rahimi

More than fifteen years after the Supreme Court’s decision in District of Columbia v. Heller,1 “the right of the people to keep and bear arms”2 is no longer “a ‘second-class’ right.”3 As a focus of popular,4 academic,5 and judicial attention,6 perhaps no constitutional provision is as hotly contested today as the Second Amendment, and the […]

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Vidal v. Elster

“History and tradition” has emerged as a dominant mode of constitutional interpretation on the Supreme Court in recent terms.1 But while the Court’s conservative justices largely agree that history should be used to interpret the Constitution,2 there remains disagreement about how to do so. In this term, a dispute over a restriction on trademark registration […]

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Originalism’s Age of Ironies

Guns, abortion, religious institutions, presidential power: While today’s Supreme Court identifies itself as originalist, it has resolved constitutional questions on these and many other topics using history and tradition, not just original meaning.1 Scholars debate whether this tendency can be reconciled with originalism.2 In the recent period, originalist justices themselves have joined the fray. Their […]

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Alphabet shares jump 6% after Google touts ‘breakthrough’ quantum chip

Key Points Alphabet sharesrose 6% on Tuesday, a day after the company hailed its latest quantum computing chip as a “breakthrough.” Google’s parent company on Monday unveiled “Willow,” a quantum computing chip that the company said performed significantly better on a quantum computing benchmark than its predecessor in 2019. Willow, like similar quantum chips, uses […]

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