But, in recent years, beginning with the 2019 Gundy case, several conservative Supreme Court justices have expressed interest in tightening up nondelegation. The administration's claim to virtually limitless executive discretion to impose tariffs might be a good opportunity to do just that. Such ...
The controversy surrounding the judicial use of comparative constitutional law is not new. However, the debate has recently been reignited by a number of US Supreme Court justices who have spoken out on the use of non-US law in the Court. Scalia opposes, and Breyer favours, references to '...
But the history of the Utah Constitution is quite different. In 1896 when Utah became a state, the justices of the Utah Supreme Court were directly elected, the Utah Constitution was relatively easy to amend in the event citizens disagreed with a judicial interpretation of the Utah Constitution,...