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  • Antonin Scalia, RIP0

    • February 13, 2016

      Justice Antonin Scalia was one of the most eloquent opinion writers in the history of the United States Supreme Court–perhaps the greatest of all. His dissents may have been the most powerful ever written. Justice Scalia was more than an outstanding lawyer: He was an perceptive social commentator. In tribute, I reproduce below his

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  • Some of the Colorado Supreme Court’s Mistakes in the Douglas County School Choice Case0

    • October 22, 2015

    As people who follow education reform already know, the Colorado Supreme Court recently struck down the Douglas County school board’s school choice program. It did so based on Article IX, Section 7 of the state constitution. This is sometimes called Colorado’s “Blaine Amendment,” although that phrase is technically a misnomer. Actually, the Blaine Amendment was

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  • Town of Greece Case Returns the Establishment Clause To Its Original Meaning0

    • May 15, 2014

    Last week I reported on Justice Thomas’ citation of my work in his concurring opinion in Town of Greece v. Galloway, a widely-discussed decision on the Establishment Clause of the First Amendment. This week, I’ll put the decision in context. The meaning of the Establishment Clause (“Congress shall make no law respecting an establishment of

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