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14 Apr 2021, 6:20 am by Howard Bashman
“Originalism in the Lower Courts in Sixth Circuit Abortion Case; In this case of first impression, Judge Bush turns to the original meaning of the Fourteenth Amendment”: Josh Blackman has this post at “The Volokh Conspiracy. [read post]
14 Apr 2021, 5:01 am by Josh Blackman
[Now available in Print and on Kindle] My good friend Kurt Lash has published The Reconstruction Amendments: The Essential Documents, Volumes 1 and 2. [read post]
13 Apr 2021, 2:59 pm by Josh Blackman
., dissenting); see also Josh Blackman, Originalism and Stare Decisis in the Lower Courts, 13 N.Y.U. [read post]
12 Apr 2021, 3:53 pm by Josh Blackman
["In response to recent judicial rulings, effective immediately, location and capacity limits on places of worship are not mandatory but are strongly recommended. [read post]
11 Apr 2021, 4:00 am by Josh Blackman
4/11/1862: Chief Justice Charles Evans Hughes's birthday. [read post]
10 Apr 2021, 4:39 pm by Josh Blackman
[Two decade apart, Judge Moore has been on both sides of the issue.] [read post]
9 Apr 2021, 10:01 pm by Josh Blackman
["The Ninth Circuit’s failure to grant an injunction pending appeal was erroneous. [read post]
9 Apr 2021, 1:45 pm by Josh Blackman
Opp. 20–23.7 This familiar coda has not improved with repetition.8 7 See Josh Blackman, About Two Hours After Bible Worship Group Seeks Emergency Injunction, California Relaxes Guidance for April 15—After Easter, of Course, The Volokh Conspiracy (Apr. 2, 2021 11:21 PM), https://tinyurl.com/jnw68x6 (reviewing metadata of new guidance PDF and concluding that the proposed change "wasn't planned in advance" but rather was drafted "in response to the… [read post]
9 Apr 2021, 12:43 pm by Josh Blackman
[Town of Greece and American Legion] First Amendment Class 22: Establishment Clause III Town of Greece v. [read post]