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CONSTITUTIONAL CONSTRAINTS ON RETROACTIVE CIVIL LEGISLATION
While the Due Process Clause would  enjoy even greater prominence during the Lochner era, "the original historical and explicit textual basisfor  judicial protection of `fundamental' economic rights, and, in particular, freedom of contract" was to be found in the Contracts Clause.
Comcast Corp. (appellant) v. National Association of African American-Owned Media, 13 Nov 2019

Diversity is the key to economic and political evolution.
by Cat on Mon Nov 11th, 2019 at 02:29:28 AM EST
[ Parent ]
Comcast Corp. (appellant) v. National Association of African American-Owned Media
oral arguments podcast | transcript"

Diversity is the key to economic and political evolution.
by Cat on Mon Nov 18th, 2019 at 06:58:38 PM EST
[ Parent ]
I might have mentioned that SCOTUS associates often have not conferenced according to press "branded" party affiliation. That is evident in diverse opinions (not ruling "scores") and dissenting rationales, if one reads them.

Here Windsor refers to US vs Windsor, which I have not read. The salient feature of the citation is not in the detail, but unexpected ahh controversy among the associates dissembling "party lines". Most recently, I encountered a memorable, LOL eruption by associates, attempting to communicate with Team Trump's counsel in Comcast. I doubt this incident will make it into yella sheets reporting or "analysis" of their decisions.
MR. ESTRADA: [...] that the facts especially with respect to mental state will always be in the possession of the defendant.
JUSTICE GORSUCH:  Well, Mr. Estrada, though --
JUSTICE KAGAN:  If --
JUSTICE ALITO:  Can I --
JUSTICE GORSUCH: -- isn't it -- isn't it -- I'm --I'm sorry.
JUSTICE ALITO:  No, go ahead.
JUSTICE GORSUCH:  Isn't it perfectly common when -- when --when you're alleging a mental state of an opposing party and you have yet to have discovery to allege on information and belief mental states ...


Diversity is the key to economic and political evolution.
by Cat on Thu Nov 28th, 2019 at 07:26:29 PM EST
[ Parent ]

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