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19 Jan 2021, 1:18 pm
It seems likely that if and when President Trump is put on trial in the Senate for high crimes and misdemeanors, his lawyers will argue that the president was exercising his First Amendment right to free speech in the weeks after the election—and, as a consequence, his words cannot form the basis of an impeachable offense. [read post]
19 Jan 2021, 10:43 am
Seth Barrett Tillman has suggested that the president is not an “officer of the United States,” in which case the presidency would not be a triggering office. [read post]
19 Jan 2021, 5:00 am
Here’s a round-up of Supreme Court-related news and commentary from around the web: Harris to be sworn in by Justice Sonia Sotomayor at inauguration (Averi Harper & Beatrice Peterson, ABC News) ‘Expedited Spree of Executions’ Faced Little Supreme Court Scrutiny (Adam Liptak, The New York Times) Booming Climate Litigation Movement Faces Supreme Court Test (Ellen Gilmer, Bloomberg Law) Amy Coney Barrett Set To Hear Case Against Shell, Her Dad’s Employer For 29… [read post]
18 Jan 2021, 5:00 am
[A belated update on my accomplishments in 2020.] [read post]
18 Jan 2021, 3:59 am
” “Justice Barrett was in here? [read post]
17 Jan 2021, 12:21 pm
[This post is co-authored with Seth Barrett Tillman.] [read post]
16 Jan 2021, 6:30 am
During the Barrett hearings, I warned in various media outlets that textualism was a wolf in sheep’s clothing (to borrow a Scaliaesque motto) precisely for this reason. [read post]
15 Jan 2021, 6:00 pm
According to Claer Barrett, "a scuffle over a will is one of the most useful plot devices for the writers of detective fiction—and the bigger the inheritance, the better. [read post]
15 Jan 2021, 5:50 pm
Justice Barrett is new, but Justices Gorsuch and Kavanaugh have been serving on the SCOTUS for some time already and they're going to look at the issue, not the party. [read post]
15 Jan 2021, 5:00 am
Maybe (Todd Ruger, Roll Call) The Supreme Court Won’t Explain Why It Just Greenlit New Abortion Restrictions (Leah Litman, Slate) Trump’s post-presidential impeachment punishment may end up before the Supreme Court (Jonathan Turley, USA Today) Amy Coney Barrett Should Recuse Herself from Big Oil’s Supreme Court Case (Bill McKibben, The New Yorker) He sued his school for silencing him. [read post]
14 Jan 2021, 3:26 pm
The long-running legal debate, which has quickened in recent days amid reports that the president has discussed the idea of a self-pardon with aides, has gained fresh urgency now that Trump has stacked the court with three dyed-in-the-wool conservatives: Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. [read post]
14 Jan 2021, 11:35 am
[This post is co-authored with Seth Barrett Tillman.] [read post]
14 Jan 2021, 10:44 am
In its first decision on abortion since Justice Barrett’s confirmation, the Supreme Court granted the Trump administration’s request to reinstate a harmful FDA requirement that forces patients to risk unnecessary COVID-19 exposure as a condition of accessing mifepristone, a safe and effective medication used to end early pregnancies and treat early miscarriages. [read post]
14 Jan 2021, 10:30 am
“The Supreme Court Won’t Explain Why It Just Greenlit New Abortion Restrictions; The court issued its first abortion decision since Amy Coney Barrett was confirmed”: Law professor Leah Litman has this jurisprudence essay online at Slate. [read post]
14 Jan 2021, 7:02 am
Alito, Jr. delivered the opinion for a unanimous Court, Justice Amy Coney Barrett not participating, in Chicago v. [read post]
14 Jan 2021, 5:50 am
Here’s a round-up of Supreme Court-related news and commentary from around the web: The Supreme Court After Trump (Linda Greenhouse, The New York Times) This Dog Won’t Hunt: Texas’s Wrong-headed Argument against Clergy for the Condemned (Eric Rassbach & Chris Pagliarella, National Review) Abortion drug ruling highlights Trump’s wins on the Supreme Court ‘shadow docket’ (Joan Biskupic, CNN) The Supreme Court hands down its first anti-abortion decision of the… [read post]
14 Jan 2021, 2:00 am
Barrett owned a five-story mixed-use building, constructed in 1902, located at 338 Atlantic Avenue in Brooklyn. [read post]
13 Jan 2021, 6:17 pm
Last fall, when Amy Coney Barrett was nominated to the court, The Washington Post reported that Barrett had contracted COVID in the summer – several months before her nomination and eventual confirmation. [read post]
13 Jan 2021, 11:05 am
This case has been very closely watched as an indication of how the justices appointed by President Donald Trump might affect the court’s abortion jurisprudence — and particularly, about the effect of replacing Justice Ruth Bader Ginsburg with Justice Amy Coney Barrett. [read post]
13 Jan 2021, 7:39 am
This was the first abortion-related decision since conservative Justice Amy Coney Barrett was sworn in last year. [read post]
