Ernest Young

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Symposium on the Court's ruling in United States v. Texas

Symposium: United States v. Texas and the future of state-federal litigation

Ernest A. Young holds the Alston & Bird Chair at Duke Law School. It’s safe to say that the Supreme Court’s one-line per curiam opinion today in United States v. Texas – “[t]he judgment is affirmed by an equally divided Court” – will not go down in history as one of the Court’s landmark opinions.

ByErnest Young/Jun 24, 2016

The Normalization of Rehnquist Court Commerce Clause Jurisprudence?

I think we may be seeing the “normalization” of the Rehnquist Court’s Commerce Clause jurisprudence. Any principle is at least somewhat unstable until the Court decides a case establishing an outer limit.

ByErnest Young/Jun 6, 2005

Deference to Whom?

“Necessary and proper” arguments require a look at what actually happens in the world, and Sam Bagenstos raises the entirely sensible point that the Court may be reluctant to make its own judgments on such questions.

ByErnest Young/Jun 6, 2005