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22 Sep 2021, 4:00 am by Josh Blackman
9/22/2005: Senate Judiciary Committee votes 13-5 to send Judge John Robert's nomination to the full Senate. [read post]
21 Sep 2021, 6:19 pm by Josh Blackman
[Marcus, as well as Noah Feldman, hold Justice Kavanaugh in very low regard. ] Ruth Marcus of the Washington Post is the newest member of the Brett Kavanaugh fan fiction Club. [read post]
21 Sep 2021, 4:47 pm by Josh Blackman
[The Center for Reproductive Rights confirms that Braid knowingly violated the law.] [read post]
21 Sep 2021, 4:00 am by Josh Blackman
9/21/1981: Justice Sandra Day O'Connor is confirmed by the Senate, 99-0. [read post]
20 Sep 2021, 9:45 pm by Josh Blackman
["Both of petitioners' alternatives would still require the Court reject the viability rule, which is 'the most central principle' of Roe and Casey.'"] Today the Solicitor General filed a brief in Dobbs. [read post]
20 Sep 2021, 7:49 am by Josh Blackman
["The Unresolved Threshold Issues in the Emoluments Clauses Litigation: The President Has Three Bodies and There Is No Cause of Action for Ultra Vires Conduct"] After nearly four years of litigation, the Supreme Court did not decide any of the Emoluments Clauses cases. [read post]
20 Sep 2021, 4:00 am by Josh Blackman
9/20/1968: The New York City Landmarks Preservation Commission denied a certificate of no exterior effect to the Penn Central Transportation Co. [read post]
20 Sep 2021, 1:09 am by Steve Lubet
Josh Blackman has helpfully transcribed Justic Clarence Thomas’s recent Tocqueville Lecture at Notre Dame Law School and posted it on the Volokh Conspiracy. [read post]
19 Sep 2021, 9:26 pm by Josh Blackman
[Denniston: "In short, some more rigorous self-examination may be in order among the Justices of their own role in adding to the reputation of a Court that may have grown too political for its own good. [read post]
19 Sep 2021, 2:44 pm by Josh Blackman
[He challenged Justice Barrett to "give a single instance where the conservative justices on the court took positions that were at odds with the views of the Republican Party. [read post]
19 Sep 2021, 6:01 am by Josh Blackman
[Measuring whether the arguments are unexpected, and whether the signatories are unexpected.] [read post]
18 Sep 2021, 6:59 pm by Josh Blackman
[He performed an abortion in Texas after six weeks to set up a test case.] [read post]
17 Sep 2021, 4:53 am by Josh Blackman
["I don't do a lot of hand wringing in my opinions and tell people 'Oh, I'm really sad.' That's not the role of a judge. [read post]