Supreme Court and constitutional law roundup

  • Supreme Court has blocked for now “an election with racial qualifications that could eventually establish a new government for so-called ‘native Hawaiians.'” [Ilya Shapiro/Cato, earlier on Hawaiian tribalization here, here, etc.]
  • Some scholars seem a bit evasive about historic British use of gun control to disarm minority religionists [David Kopel]
  • Occupational licensure and Connecticut teeth-whitening case: does mere protection of incumbents against competition count as “rational basis” for government action? [Timothy Sandefur, Cato]
  • Class actions: some predict Court not likely to do much more than tinker [Alison Frankel, Paul Karlsgodt]
  • Update: “California woman who bought Eurail pass in US can’t sue here for Austrian accident, SCOTUS says” [ABA Journal, earlier]
  • Supreme Court should defend interstate commerce against extraterritorial Colorado law providing that electric power entering state must have been generated in certain ways [Ilya Shapiro and Randal John Meyer]
  • “Old, cryptic, or vague” 14th Amendment: Judge Posner can’t have his Constitution and eat it too, thinks Josh Blackman.

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