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26 Mar 2024, 4:53 am
In the first, Justice Barrett spoke for a unanimous court in spelling out the very factbound rules that determine when a public official may use a platform's tools to suppress critics posting on his or her social media page. [read post]
25 Mar 2024, 1:59 pm
on Thursday April 4, 2004 at 5:30pm at the ASU Barrett and O’Connor Washington Center in DC. [read post]
25 Mar 2024, 12:30 pm
The Supreme Court did exactly what Justices Barrett and Kavanaugh told the Fifth Circuit not to do: issue a temporary shadow docket remedy that puts a lower court ruling on hold without considering whether the suit is likely to succeed on the merits. [read post]
25 Mar 2024, 6:00 am
[I sign off from the internet for 25 hours every week. ] Tablet Magazine's profile of Seth Barrett Tillman provided a peak inside our working relationship. [read post]
22 Mar 2024, 1:53 pm
“The Outsider Legal Genius Who May Rescue Trump: Seth Barrett Tillman is an Orthodox Jewish commodities trader turned law professor living in Dublin whose ideas were recently heard by the Supreme Court; He’s also something even more unusual: a thinker whose mind hasn’t been corrupted by politics. [read post]
22 Mar 2024, 9:33 am
[Tillman on most things: "There are multiple aspects of the standard narrative ... that just don’t make any sense and that people just have mindlessly repeated for almost two centuries now,”] Tablet, a Jewish Magazine, published a lengthy profile of my dear colleague Seth Barrett Tillman. [read post]
22 Mar 2024, 8:38 am
This brief, which is on behalf of Professor Seth Barrett Tillman and the Landmark Legal Foundation, contends that Special Counsel Jack Smith is not an "Officer of the United States. [read post]
22 Mar 2024, 5:17 am
As noted, Justice Barrett (and Justice Kavanaugh) seemed to think that review of an administrative stay is simply unavailable. [read post]
22 Mar 2024, 4:00 am
‘Very, Very Troubling’: Judges, lawyers flummoxed by Judge Cannon MSN – Devlin Barrett and Perry Stein (Washington Post) | Published: 3/20/2024 Lawyers and former judges said they are baffled by an order issued by the federal judge overseeing Donald Trump’s pending trial on charges he mishandled classified documents, and believe her instructions suggest the case will not go to trial anytime soon. [read post]
21 Mar 2024, 10:55 am
“It went about as I predicted it would,” she said, sketching out what she saw to be the dynamics on the bench, with three sympathetic justices (Samuel Alito, Neil Gorsuch, and Clarence Thomas), three swing votes (Amy Coney Barrett, Brett Kavanaugh, and Chief Justice John Roberts), and three skeptics (Sonia Sotomayor, Elena Kagan, and Brown Jackson). [read post]
21 Mar 2024, 7:37 am
Justice Amy Coney Barrett pressed Bidwell on the limits of her rule. [read post]
21 Mar 2024, 4:00 am
Primary” by Tobi Raji (Washington Post) for MSN Ethics National: “Cannon Tells Lawyers to Weigh If Trump Conduct Can’t Be Reviewed by Courts” by Devlin Barrett (Washington Post) for MSN National: “Jan. 6 Defendant Got 2 Congressional Internships After She Allegedly Breached the Building” by Kyle Cheney (Politico) for Yahoo News Michigan: “‘New Day in Lansing’ as Lawmakers Advance FOIA Bills, Introduce… [read post]
21 Mar 2024, 3:19 am
As Justice Amy Coney Barrett seemingly implied during the Murthy v. [read post]
20 Mar 2024, 7:57 am
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
But , the two justices whose votes were most likely the difference—Justices Kavanaugh and Barrett—signed a concurring opinion (by Barrett) to explain their votes. [read post]
19 Mar 2024, 9:11 pm
Justice Barrett raised some fair questions on how administrative stays should be granted. [read post]
19 Mar 2024, 4:00 pm
"[S]tate officials have private lives and their own constitutional rights—including the First Amendment right to speak about their jobs and exercise editorial control over speech and speakers on their personal platforms," wrote Justice Amy Coney Barrett for a unanimous Court. [read post]
[Josh Blackman] The Sequel to Doe v. Mills: Justice Barrett Tightens The Screws On The Shadow Docket
19 Mar 2024, 2:10 pm
Here, Barrett cited her Doe v. [read post]
19 Mar 2024, 12:28 pm
Barrett indicated that the court of appeals “presumably” can act “promptly. [read post]
19 Mar 2024, 12:15 pm
Justice Barrett highlighted that the Fifth Circuit’s order allowing the law to go into effect was an “administrative stay” instead of a “stay pending appeal. [read post]