Originalism and judicial restraint, part I
Chris Green
I thought it might be useful to reduce to blog-post form some of the thoughts I presented in New Orleans a few weeks ago as part of the Federalist Society's panel on Judicial Deference and Judicial Restraint (my contributuion begins at about 43:08). They are relevant, I think, to the oft-dicussed issue of whether originalism is […]
27A incorporation
Chris Green
The recent discussion of the 27A issue with no-intervening-election pay reductions reminds me of an idea that occurred to me when the issue of no-intervening-election pay increases in Louisiana came up a few years ago. If "privileges or immunities of citizens of the United States" in the 14A just means "privileges given in the Constitution," which some suggest […]
Does BLAG control the litigation in Windsor?
Chris Green
Thanks to Mike Ramsey for his thoughtful response on standing in the Windsor gay-marriage case. (For my ealier bits, see here, here, and here, and for Mike's, see here, here, and here.) I agree with Mike that BLAG does not have independent standing to intervene in litigation as a representative of Congress, but I think that […]
FRCP 55(d) and the case-or-controversy requirement
Chris Green (Guest Blogging)
Mike Ramsey argues that if the executive branch refuses to defend a law, there is no justiciable controversy, and the court should simply award the plaintiff her relief without inquiring into the merits of her claim. But that seems to be contrary to the rule in Federal Rule of Civil Procedure 55(d): "A default judgment […]