Comments on: Small Comfort Indeed: Allowing a Useless As-Applied Challenge

By: National Review, Desperate to Spin Ricci, Gets It All Wrong « Submitted to a Candid World

Tue, 30 Jun 2009 19:14:59 +0000

[...] provisions of the Civil Rights Act, a frustrating mockery of “restraint” that’s become a hallmark of the Roberts Court. Notwithstanding NRO’s attempts to rhetorically frame disparate impact as a judicial [...]

By: HHS Followup: Abortion, Contraceptives, and Physicians’ Rights of Conscience « Submitted to a Candid World

Mon, 08 Jun 2009 13:02:22 +0000

[...] Unfortunately, should this regulation eventually be promulgated, since its evils occur only on a case-by-case basis, it could likely only be attacked in individual lawsuits. Today’s Supreme Court increasingly refuse to strike down threatening laws & regulations (unless they’re lib’rul), preferring to confront them on an as-applied basis. [...]

By: HHS Followup: Abortion, Contraceptives, and Physicians’ Rights of Conscience

Thu, 21 Aug 2008 03:53:19 +0000

[...] only be attacked in individual lawsuits: today’s Supreme Court would likely hold only an as-applied challenge proper, and decline to strike down the entire [...]

By: didion

didion — Thu, 08 May 2008 14:51:45 +0000

thanks for discussing the indiana voter-i.d. decision. it has us freaked out over here in didionville, but mommy and daddy don’t have enough time or talent to figure it all out … and, sadly, it’s yet another issue to be ignored by large media … we think it smells very strongly of “eau de jim crow”; though it’s packaging is subtle, allowing for effects more far-reaching than the disenfranchisement of only black males. can you keep your eye on it? … especially since you are likely dealing with the case in some of your classes??? much thanks … d-man

By: Ames

Ames — Tue, 06 May 2008 20:28:31 +0000

A friend reminded me that I once described Gonzales v. Carhart as, “go ahead, file as-applied. The baby will wait.” I don’t recall that, but I trust him :-)