The Discrete Charm of Leveling Down
Aziz Z. Huq 90 Geo. Wash. L. Rev. 1487 Starting from Justice Ginsburg’s 2017 opinion in Sessions v. Morales- Santana, this Article explores the choice between “leveling up” and “leveling down” as a judicial response to an unlawful difference in the legal or regulatory treatment of two distinct groups. That problem can arise in the... Read More
Justice Ginsburg’s Republican Jurisprudence
Daphna Renan 90 Geo. Wash. L. Rev. 1471 Justice Ginsburg’s opinions challenge us to rethink the role of statutes in American constitutional democracy, and how to interpret the authority of the people to innovate on the lawmaking process itself. Her legacy includes a body of opinions that comprises a forceful rebuttal to the Court’s current... Read More
Order Without Formalism
Rachel Bayefsky 90 Geo. Wash. L. Rev. 1458 The quest for order and structure is a powerful force underlying influential jurisprudential theories such as originalism and textualism. This Article suggests that Justice Ginsburg’s jurisprudence represented an alternative vision of order in federal judicial practice—one guided by commitment to judicial virtues like concern for the methodical... Read More
Ruth Bader Ginsburg and a Jurisprudence of Legal Pluralism
Paul Schiff Berman 90 Geo. Wash. L. Rev. 1427 The idea of legal pluralism is that law must always negotiate situations when multiple communities and legal authorities seek to regulate the same act or actor. In such situations, judges must develop strategies for determining how best to balance the competing claims of multiple communities: does... Read More
Preview of the November 2022 Supreme Court Arguments
October 31 Students for Fair Admissions, Inc. v. University of North Carolina No. 21-707, M.D.N.C. Preview by Rebekah Bass, Member Can race-conscious admissions policies stand up to the strict scrutiny of the Fourteenth Amendment? That is the issue presented in Students for Fair Admissions, Inc. v. University of North Carolina. Petitioner Students for Fair Admissions... Read More
Print Preview of Bibb Balancing: National Pork is a Bibb Case, Not a Pike Case
Michael S. Knoll & Ruth Mason · November 2022 91 Geo. Wash. L. Rev. Arguendo 1 In October 2022, the U.S. Supreme Court heard oral argument in National Pork Producers Council v. Ross, a Ninth Circuit case out of California, dismissing a challenge to Proposition 12, which, inter alia, bans the sale of wholesome pork... Read More
Preview of Sackett v. EPA
October 3 Sackett v. Environmental Protection Agency No. 21-454, 9th Cir. Preview by Robert L. Glicksman, J.B. & Maurice C. Shapiro Professor of Law, George Washington University Law School When do wetlands qualify as “waters of the United States” subject to regulation under the federal Clean Water Act (the CWA or the Act)? That is... Read More
Preview of the October 2022 Supreme Court Arguments
October 3 Delaware v. Pennsylvania and Wisconsin No. 22-1045, Original Preview by John Tuley, Member In Delaware v. Pennsylvania and Wisconsin, the Court will decide whether MoneyGram’s “Official Checks,” which are used to pay third parties, constitute a “money order, traveler’s check, or other similar written instrument (other than a third party bank check)” under... Read More
Carrot & Stick: Reorganizing and Empowering the Election Assistance Commission
Jessie Ojeda 90 Geo. Wash. L. Rev. 1354 The U.S. Election Assistance Commission (“EAC” or “Commission”) is failing in its duties to shepherd and assist in the betterment of our federal elections. In the wake of the highly controversial 2016 and 2020 presidential elections and related claims of election interference, the EAC has received increased... Read More
A New CFIUS: Refining the Committee’s Multimember Structure with For-Cause Protections
Vania Wang 90 Geo. Wash. L. Rev. 1316 Foreign investment in the United States has always been an important element of the nation’s economy, but it can leave the United States and its citizens vulnerable to foreign control. In recent years, many have grown concerned that sovereign governments have been investing in the United States... Read More