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With the End of Its 2023-24 Term in Sight, the Supreme Court Has Not Been Particularly Partisan or Aggressive This Year, Even as it Has Had No Choice but to Take Certain High-Profile Cases (In Part Because of an Out-of-step Lower Court, the Fifth Circuit Court of Appeals)

23 Jun 2024, 9:01 pm by Vikram David Amar and Jason Mazzone

In Trump v. [read post]

Verdict - http://verdict.justia.com/

Justice Kagan’s Intriguing Concurrence in This Month’s Consumer Financial Protection Bureau Case

29 May 2024, 9:01 pm by Vikram David Amar

In the 2014 Noel Canning v. [read post]

Verdict - http://verdict.justia.com/

Can a Public High School Punish a Student for Asking a Question that Refers to “Illegal Aliens”? Part Two in a Two-Part Series

29 Apr 2024, 9:01 pm by Vikram David Amar and Jason Mazzone

In the space below, we explore how things might look if the Hazelwood framework is not applied, and instead if the dispute were analyzed under the related but distinct doctrine created by the Court in Tinker v. [read post]

Verdict - http://verdict.justia.com/

[Josh Blackman] The Kentucky Legislature Removed The Governor's Power To Temporarily Appoint A Senator

25 Apr 2024, 9:00 am by Josh Blackman

The Moore v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Recent Headlines Confirm the Inadequacy of the Supreme Court’s Reasoning in Trump v. Anderson

11 Apr 2024, 9:01 pm by Vikram David Amar

”And yet whether we are talking about ballot access (as both Trump v. [read post]

Verdict - http://verdict.justia.com/

The Supreme Court’s Misplaced Emphasis on Uniformity in Trump v. Anderson (and Bush v. Gore)

24 Mar 2024, 9:01 pm by Vikram David Amar and Jason Mazzone

Earlier this month, in Trump v. [read post]

Verdict - http://verdict.justia.com/

Was the Federal District Court Correct in Dismissing Disney’s Speech-Retaliation Case Against Florida Officials?

27 Feb 2024, 9:01 pm by Vikram David Amar, Jason Mazzone and Lena Shapiro

Supreme Court has opined (see, e.g., Rodriguez de Quijas v. [read post]

Verdict - http://verdict.justia.com/

[Josh Blackman] A Response to Professor John Mikhail on "Officers of the United States"—Part II

22 Feb 2024, 2:04 pm by Josh Blackman

[The issues, arguments, and evidence raised by Mikhail have already been addressed by extant scholarship, including our scholarship. [read post]

The Volokh Conspiracy - http://www.volokh.com/

A User’s Guide to Trump v. Anderson, Addendum I: A Few Reflections on the Oral Argument

14 Feb 2024, 3:05 pm by Marty Lederman

v. [read post]

Balkinization - http://balkin.blogspot.com/

Trump Lawyer Reads the Constitution Like a Secret Code Requiring Decryption

12 Feb 2024, 9:01 pm by Michael C. Dorf

During last week’s Supreme Court oral argument in Trump v. [read post]

Verdict - http://verdict.justia.com/

The Supreme Court’s Oral Argument in Trump v. Anderson: The Court’s Seeming Failure to Understand Some Basic Starting Points

12 Feb 2024, 9:00 pm by Vikram David Amar

After all, putting aside the ultimate outcome of the case, no one wants a set of opinions that look worse with each passing year the way many of the writings in Bush v. [read post]

Verdict - http://verdict.justia.com/

[Josh Blackman] Oral Arguments in Trump v. Anderson Part IV: Justice Sotomayor and Kagan get the line between national power and federalism

9 Feb 2024, 3:48 pm by Josh Blackman

" She actually turned around and looked right at Justice Gorsuch, her neighbor. [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Josh Blackman] Oral Arguments in Trump v. Anderson Part I: Justice Gorsuch Gets "Officers of the United States"

9 Feb 2024, 9:20 am by Josh Blackman

During oral argument in Trump v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Look Away: How the Supreme Court Could Set Aside Trump’s Disqualification for Insurrection under the Fourteenth Amendment

2 Feb 2024, 6:51 am by Dean Falvy

Supreme Court’s landmark decision in Trump v. [read post]