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26 Apr 2024, 11:05 am by Guest Author
” The results are … Well, lots of respondents took the liberty of fudging my three categories so I’m not going to try to report the results with numerical precision, but almost everyone thought the rule will be struck down, either by SCOTUS or a lower court. [read post]
25 Apr 2024, 4:12 pm by Josh Blackman
At the time, Seth Barrett Tillman and I acknowledged the easy case: the President receiving a "suitcase full of money" in exchange for performing some official act would amount to bribery. [read post]
22 Apr 2024, 5:00 am by Bernard Bell
  Speaking through Justice Amy Coney Barrett, the Justices elaborated upon their less constricted version of the “authority or duty” test in a way that provides some guidance to government officials. [read post]
18 Apr 2024, 7:49 am by Dan Farber
I’m not arguing that the doom of the regulatory state is an impossibility or even a terribly implausible outcome. [read post]
17 Apr 2024, 7:16 am by Michael C. Dorf
With the possible exception of Justice Barrett, the conservatives were skeptical of what they call a broad reading of a criminal law and apparently want to narrow it by deploying a canon that sounds in purposivism, while the liberals seemed to take the opposite view. [read post]
15 Apr 2024, 1:18 am by Ann Pearson
They had a receptionist with a paralegal certificate, and she was doing what I’m talking about here. [read post]
12 Apr 2024, 9:30 pm by ernst
Barrett and Henry “Hank” M. [read post]
8 Apr 2024, 3:49 am by SHG
“I’m very respectful of Justice Sotomayor. [read post]
5 Apr 2024, 5:31 pm by Josh Blackman
If Justice Barrett and others are troubled by circuit courts granted administrative stays, then Judge Oldham's reform would be quite helpful. [read post]
27 Mar 2024, 4:00 am by Michael C. Dorf
They have the authorization already from federal law.I'm setting aside the repugnant cruelty of an exercise of "conscience" on the part of an ER doctor who refuses to treat a patient in need based on a moral judgment about the prior acts that brought the patient to the ER. [read post]
26 Mar 2024, 3:35 pm by Mark Walsh
Justice Amy Coney Barrett pushes Hawley on those doctors’ official statements, saying, “I think the difficulty here is that at least to me, these affidavits do read more like the conscience objection is strictly to actually participating in the abortion to end the life of the embryo or fetus. [read post]
20 Mar 2024, 7:57 am by Josh Blackman
Going forward, I'm not sure if Justice Barrett's concurrence will have the effect that she intended. [read post]
20 Mar 2024, 7:14 am by Daniel M. Kowalski
(I’m going to have a lot more to say about Justice Barrett’s procedural argument in tomorrow’s bonus issue.) [read post]
16 Mar 2024, 6:35 pm by Josh Blackman
[It will be harder for conservative litigants in blue states and liberal litigants in red states to obtain statewide relief. [read post]
16 Mar 2024, 1:03 pm by Thomas B. Griffith
  I’m convinced that Justice Barrett’s concurrence in the Colorado Ballot Access case, Trump v. [read post]
6 Mar 2024, 7:16 am by Derek T. Muller
And Chase, writing this opinion says, Look, I'm not in a position to be able to determine these things. [read post]