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17 Sep 2021, 4:00 am
[A constitutional throwback to 2013.] [read post]
16 Sep 2021, 4:00 am
9/16/1787: The Constitutional Convention finalizes Constitution. [read post]
15 Sep 2021, 9:15 am
[Judge Luttig, as well as Carter Phillips, were affected by gun violence. ] On Monday, I wrote about the amicus brief that Judge Luttig, Carter Phillips, and others filed in the New York Second Amendment case. [read post]
Labels Matter: How Professor Jack Balkin Snookered Justice Kagan and Others to Fuel Faux Originalism
15 Sep 2021, 4:30 am
Randy Barnett and Josh Blackman, two well known academic originalists, wrote about Kagan's testimony in National Affairs, albeit with a more critical perspective. [read post]
15 Sep 2021, 4:00 am
9/15/1857: Chief Justice William Howard Taft's birthday. [read post]
14 Sep 2021, 4:30 pm
[I have yet to see any actual quotation that expressed this sentiment.] [read post]
14 Sep 2021, 4:00 am
9/14/1901: President Theodore Roosevelt is inaugurated. [read post]
13 Sep 2021, 6:02 pm
[An argument from Lawrence recurs in Dobbs.] [read post]
13 Sep 2021, 2:30 pm
[Justice Scalia would have written one helluva dissent. ] In 2005 and 2006, two vacancies arose on the Supreme Court. [read post]
[Josh Blackman] My Newsweek Op-Ed: "Biden's Vaccine Mandate Is Counterproductive and Likely Illegal"
13 Sep 2021, 6:31 am
["I have yet to find any historical precedent for such an invasive regulation of workers nationwide. [read post]
13 Sep 2021, 4:00 am
9/13/1810: Justice William Cushing died. [read post]
12 Sep 2021, 8:18 am
[We cannot simply presume that Congress can indirectly regulate private conduct through the direct regulation of workplace safety.] [read post]
12 Sep 2021, 4:00 am
9/12/1958: Cooper v. [read post]
11 Sep 2021, 1:20 pm
[No, Chief Justice Roberts does not draw a number from a hat.] [read post]
11 Sep 2021, 6:01 am
[My annual remembrance of September 11, 2011] I post this essay every year in honor of September 11th, 2001 (see 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, and 2020). [read post]
11 Sep 2021, 4:00 am
9/11/1958: Cooper v. [read post]
10 Sep 2021, 10:18 pm
[There are several elements of the panel's decision that cast doubt on DOJ's case. [read post]
[Josh Blackman] The Political and Legal Stars Are Aligned For Challenges to the OSHA Vaccine Mandate
10 Sep 2021, 9:10 pm
[It feels like 2010, all over again.] [read post]
10 Sep 2021, 5:16 pm
Today, the Fifth Circuit decided Whole Woman's Health v. [read post]
10 Sep 2021, 2:18 pm
As co-blogger Josh Blackman points out, such clarity is especially important when we consider the case of state-run medical facilities. [read post]
