This link has been bookmarked by 96 people . It was first bookmarked on 02 Mar 2006, by Pamela M..
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E-mail:
Jack Balkin:
jackbalkin at yahoo.com
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Whether courts see it that way depends on whether they are attentive to the North Carolina legislature's motives. InRomer v. Evans, “the bare desire to harm a politically unpopular group” was evident on the face of the Colorado amendment. N
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Again, Romer can be read to embody such a principle: It was very important to Justice Kennedy that Colorado’s Amendment 2 had shifted the locus of legislation from the city to the state, and had deprived a “politically unpopular minority, but no others, of the political ability to obtain special legislation at every level of state government, including within local jurisdictions having pro-gay rights majorities.”
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moonshinefunkRun by a team of prominent International Law Professors. Updated regularly.
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Frida LeeBalkinization
an unanticipated consequence of
Jack M. Balkin|Hemeroteca| Blogs|Indymedias |Humanidades| Law Politics Voices|Ideas USA Imported
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Perhaps I am exaggerating in my constant references to "constitutional dictatorship." But let me suggest that we are facing a "natural experiment": I will be proved wrong if Congress in fact exerts some real decision-making authority (and not merely formal rubber-stamping "authority") in the next several weeks (and note the plural); if, on the other hand, Banker Paulson manages to stampede Congress into passing his version of a "clean bill" because of the imminent "cataclysm" that he has declared we face, then I think the term becomes ever more useful as an analytic construct.
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