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26 Jun 2021, 12:05 am by Josh Blackman
[In both cases, the Court made up a remedy that none of the parties requested. [read post]
25 Jun 2021, 3:51 pm by Josh Blackman
[In every case, the Court refuses to grant any relief that would actually redress the Plaintiffs' injuries.] [read post]
25 Jun 2021, 3:34 pm by Josh Blackman
[Part III-A-1 of Justice Alito's Collins opinion quietly endorses standing-through-inseverability, and is inconsistent with Justice Breyer's majority opinion in California.] [read post]
25 Jun 2021, 1:16 pm by Josh Blackman
[There are citations to Circuit Judges Barrett, Sutton, Katsas, and others, plus scholarly writings from Scalia and Roberts] Justice Kavanaugh wrote the majority opinion in TransUnion LLC v. [read post]
25 Jun 2021, 10:05 am by Howard Bashman
Hassid Quietly Rewrote Four Decades of Takings Clause Doctrine; For the first time, the 6-3 conservative majority powered a hard-right change in the law”: Josh Blackman has this post at “The Volokh Conspiracy. [read post]
25 Jun 2021, 9:35 am by Josh Blackman
[In at least four cases, Justices Ginsburg, Sotomayor, and Kagan were in dissent alone.] [read post]
24 Jun 2021, 10:22 pm by Josh Blackman
[Why would Chief Justice Roberts let Justice Breyer such an incoherent opinion?] [read post]
24 Jun 2021, 9:39 pm by Josh Blackman
[For the first time, the 6-3 conservative majority powered a hard-right change in the law.] [read post]
24 Jun 2021, 11:53 am by Josh Blackman
I have now edited all four cases for the Barnett/Blackman supplement. [read post]
24 Jun 2021, 9:00 am by Josh Blackman
[State and local governments may not "prohibit a religious organization from engaging in religious and other related activities"] Last week, Texas Governor Abbott signed HB 525. [read post]
22 Jun 2021, 9:29 am by Josh Blackman
[An overview of the COVID-19 litigation concerning the Right to Keep and Bear Arms] Recently, the Harvard Journal of Law & Public Policy published my article, The "Essential" Free Exercise Clause. [read post]
21 Jun 2021, 7:49 pm by Josh Blackman
[And revisiting my (dreadful) predictions so far.] [read post]
21 Jun 2021, 3:50 pm by Josh Blackman
[Justices Kavanaugh and Barrett joined the Chief who rewrote the statute to save its constitutionality. ] Arthrex v. [read post]
20 Jun 2021, 10:37 pm by Josh Blackman
[The law is reviewed with strict scrutiny because of the exemptions. [read post]