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10 Jun 2024, 9:47 pm
["The Court, we were told, 'would really like us to act tonight'—and, if possible, 'within an hour.'"] Judge David Tatel's new book, fittingly titled Vision, has received a lot of press for its criticism of the Roberts Court. [read post]
13 Jun 2024, 7:51 pm
[The fauna that did not bark, the flora that did not bloom.] [read post]
12 Jan 2022, 8:09 am
I am happy to share this guest post from Professor Philip Hamburger of Columbia Law School. [read post]
14 Jan 2025, 9:39 am
Jack Smith isn't the only game in town. [read post]
3 Jul 2024, 10:28 am
[President Biden nominated the non-prevailing attorneys in Dobbs and SFFA to the First and Fourth Circuits, respectively.] [read post]
10 Apr 2024, 12:39 pm
[Gibbons declined to take senior status during the Trump years, but will now be replaced by her former law clerk.] [read post]
18 May 2023, 8:24 pm
[I happened to be at the Court when Chief Justice Roberts extended a welcome. ] When the Supreme Court hosts foreign dignitaries, the Chief Justice will often recognize those guests and extend a welcome on behalf of the Court. [read post]
3 May 2022, 8:49 am
[What should SCOTUS do when everyone already knows the outcome of a case?] [read post]
16 Aug 2024, 5:24 pm
[Justice Gorsuch joins the three dissenters on severability. [read post]
26 Jan 2025, 9:13 am
On Friday, President Trump fired about a dozen Inspectors General. [read post]
14 Dec 2021, 5:00 am
[Judge Ho dissents: "It is difficult to imagine how a crisis of conscience, whether instigated by government or industry, could be remedied by an award of monetary damages. [read post]
[Josh Blackman] The Sequel to Doe v. Mills: Justice Barrett Tightens The Screws On The Shadow Docket
19 Mar 2024, 2:10 pm
[The center of the Court wants to push back on temporary administrative stays and the Fifth Circuit.] [read post]
23 May 2023, 6:01 am
[High School Students from Texas and Connecticut argued before a panel of three federal judges and visited the United States Supreme Court] On April 24, 2023, the Harlan Institute and Ashbrook held the championship round for the 11th Annual Virtual Supreme Court competition. [read post]
8 Jun 2023, 2:30 pm
[A thorough originalist analysis of the "so-called Spending Clause" that casts Thiboutout in doubt.] [read post]
25 Apr 2024, 9:00 am
[Would the Governor's veto of the bill have even been effective?] [read post]
15 May 2025, 8:01 pm
[Presented at the Orlando Federalist Society Chapter.] [read post]
16 Apr 2024, 8:58 pm
[A careful textualist analysis that speaks more broadly to other substantive canons, including Chevron deference.] [read post]
11 Jan 2022, 8:02 am
[This suit does not turn on the meaning of "officers of the United States" and "office . . . under the United States" in Section 3.] [read post]
26 Jun 2023, 11:36 am
[Is this a ticket good for one ride?] [read post]
21 Jan 2022, 11:21 am
[My good friend and colleague moves from the Cato Institute to Georgetown.] [read post]
