Title: Message
I have
been asked to speak about this case on the local media (as I am sure many of you
also have been), and I am curious what you experts expect the outcome of the
case to be, especially given that Scalia has recused himself.
Rebecca E. ZietlowProfessor of Law University
Title: Message
Thanks, I agree. Except I wish I were more confident about the Cubs
making it to the series.
RZ
-Original Message-From: David M Wagner
[mailto:[EMAIL PROTECTED]Sent: Wednesday, October 15, 2003 3:33
PMTo: [EMAIL PROTECTED]Subject: Re: Justices
Take Case on
in the Series. Can't say I'm happy about any of
this.David M.
WagnerRegent University
School of Law
-Original Message-
From: Discussion list for con law professors [mailto:[EMAIL PROTECTED]] On Behalf Of
Zietlow, Rebecca E.
Sent: Wednesday, Oct
Iassume that David's remark was meant to be
tongue in cheeck, but it does seem to me that the Court is returning to a
broader approach to substantive due process. Are weentering a new
Lochner era? Justice Kennedy, at least, seems tobe open to the idea
. . .
Rebecca E. ZietlowProfessor of
I think the key difference between Rehnquist's opinions in Hibbs and Morrison is that
he believed that the FMLA was about sex equality and did not believe that the civil
rights provision of VAWA was about sex equality. In previous rulings, the Court had
recognized that when states discriminate
