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17 Dec 2021, 1:26 pm
[Gorsuch is not the Circuit Justice for the 5th Circuit. [read post]
17 Dec 2021, 4:00 am
12/17/1910: Justice Joseph Rucker Lamar nominated to the Supreme Court. [read post]
16 Dec 2021, 7:43 am
["If Congress cannot solve a perceived commercial problem with a 'mandatory purchase,' then how can it possess the authority, much less delegate it, to solve a perceived commercial problem by mandating that Americans engage in a non-commercial activity. [read post]
16 Dec 2021, 4:00 am
12/16/1936: West Coast Hotel v. [read post]
15 Dec 2021, 4:58 pm
” And Josh Blackman has a post titled “Sixth Circuit Splits 8-8 on Initial En Banc in OSHA Vaccine Cases; The three judges who did not sign an opinion may be on the three-judge panel: Gibbons, Griffith, and Stranch. [read post]
15 Dec 2021, 3:39 pm
[Amar explains how Roberts and Sotomayor messed up Marbury.] [read post]
15 Dec 2021, 10:23 am
[The three judges who did not sign an opinion may be on the three-judge panel: Gibbons, Griffith, and Stranch] Today, the Sixth Circuit issued yet another evenly-divided en banc decision in the OSHA Vaccine cases, declining to hear the cases initial en banc. [read post]
15 Dec 2021, 6:58 am
Kastellec, The Washington Post) With Roe at Risk, Justices Explore a New Way to Question Precedents (Adam Liptak, The New York Times) What Brett Kavanaugh Didn’t Mention when He Talked About Reversing Roe (Kimberly Wehle, Politico) The Supreme Court Is Playing Constitutional Calvinball (Adam Serwer, The Atlantic) Whole Woman’s Health and Texas Fight Over Issuance Of The Judgment (Josh Blackman, The Volokh Conspiracy) The post The morning read for Wednesday, Dec. 15… [read post]
15 Dec 2021, 4:00 am
12/15/1791: First Ten Amendments ratified. [read post]
14 Dec 2021, 8:45 pm
[Texas wants to remand to the Fifth Circuit, which can certify the statutory interpretation question on which Justices Gorsuch and Thomas divided.] [read post]
14 Dec 2021, 5:00 am
[Judge Ho dissents: "It is difficult to imagine how a crisis of conscience, whether instigated by government or industry, could be remedied by an award of monetary damages. [read post]
14 Dec 2021, 4:00 am
12/14/1964: Heart of Atlanta Motel v. [read post]
13 Dec 2021, 3:38 pm
[The statements in this COVID vaccine case are far more hostile to religion than the statements from Masterpiece Cakeshop] Today the Supreme Court denied an emergency application for injunctive relief in Dr. [read post]
13 Dec 2021, 5:00 am
[Seth Barrett Tillman and I discuss whether President Trump can be disqualified from a second term pursuant to Section 3.] [read post]
13 Dec 2021, 4:00 am
12/13/1873: Justice Samuel Nelson died. [read post]
12 Dec 2021, 1:28 pm
[A reply to Josh Blackman.] [read post]
12 Dec 2021, 4:00 am
12/12/1910: Chief Justice Edward Douglass White confirmed. [read post]
11 Dec 2021, 3:15 pm
[Judicial courage is defined by casting a vote "under fire," knowing that it will be unpopular.] [read post]
11 Dec 2021, 9:13 am
Josh Blackman takes the dissent to task, mostly on the principle that the Supremacy Clause does not include judicial opinions as part of the supreme law of the land. [read post]
11 Dec 2021, 4:00 am
12/11/1922: Pennsylvania Coal Co. v. [read post]
