Among the other issues the Justices need to consider are these: First, what role does a district's shape play in the constitutional analysis?
Many states have similar forfeiture laws that are affected by the constitutional analysis today.
In its constitutional analysis, the opinion noted that the Constitution did not explicitly mention a right to privacy.
The second and more important lack is that of any real constitutional analysis of the crisis.
But more often he seemed to rely on others to provide the constitutional analysis to support his warm-hearted intuitions.
Both books utilize case law and constitutional analysis to walk students through complex legal issues in an easy to understand fashion.
So by turning back to this long-buried language, the Court was taking at least a tentative step on a new path of constitutional analysis.
A historical inquiry of this sort was the only valid approach to constitutional analysis, Justice Thomas said.
Consequently, the justices are not likely to address that question even if they uphold the appeals court's constitutional analysis.
These two basic legal errors give rise to other problems with Volokh's constitutional analysis.