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2 Feb 2021, 3:34 pm
[If the case is dismissed on standing grounds, a future litigant in the Fifth Circuit could challenge the ACA as a defense to federal enforcement] CNN and other outlets have speculated that the Biden Administration may withdraw the Trump Administration's brief in California v. [read post]
2 Feb 2021, 10:13 am
[When the outgoing administration tries to bind the incoming administration. ] In my 2017, I identified four species of high-level influence, which I described as "presidential maladministration. [read post]
2 Feb 2021, 6:00 am
In a new law review article, Josh Blackman, a professor at South Texas College of Law, considered earlier changes in the government's legal positions, finding them "increasingly problematic. [read post]
2 Feb 2021, 4:00 am
2/2/1790: Justice William Cushing takes oath. [read post]
1 Feb 2021, 2:39 pm
[Buckley, McConnell, Citizens United and Moore v. [read post]
1 Feb 2021, 4:00 am
2/1/1816: Second Bank of the United States chartered. [read post]
31 Jan 2021, 4:00 am
1/31/2006: Justice Samuel Alito takes oath. [read post]
30 Jan 2021, 5:35 pm
“South Bay and Harvest Rock Are Now Fully Briefed Before the Supreme Court; California did not argue the controversies were moot; Now the case is ripe for resolution”: Josh Blackman has this post at “The Volokh Conspiracy. [read post]
30 Jan 2021, 3:31 pm
[California did not argue the controversies were moot. [read post]
30 Jan 2021, 1:46 pm
[Good luck to the parents of two-year-olds, who now have to wear a mask on all flights.] [read post]
30 Jan 2021, 4:00 am
1/30/1939: Justice Felix Frankfurter takes oath. [read post]
29 Jan 2021, 4:00 am
1/29/1923: Justice Edward Sanford takes oath. [read post]
28 Jan 2021, 8:18 pm
[We are seeing more evidence of strategic timing.] [read post]
28 Jan 2021, 4:00 am
1/28/1916: President Wilson nominates Louis Brandeis to the Supreme Court. [read post]
27 Jan 2021, 7:48 pm
By contrast, co-blogger Josh Blackman contended that the plan was to create a commission stacked with court-packing supporters, which would then recommend packing and give a boost to the cause. [read post]
[Josh Blackman] Classes #4: "When is Conduct Speech?" and "Capture Rule and Acquisition by Creation"
27 Jan 2021, 3:30 pm
[O'Brien, Texas v. [read post]
27 Jan 2021, 3:15 pm
[The church will have to deal with California's revised stay-at-home order.] [read post]
27 Jan 2021, 3:07 pm
[The letters to the President began on January 20, 2021.] [read post]
27 Jan 2021, 2:09 pm
[It's been nearly three months months since my last Court Packing post.] [read post]
27 Jan 2021, 4:00 am
1/27/1955: Chief Justice John Roberts's birthday. [read post]
