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11 Jul 2023, 11:24 am by Josh Blackman
["Across America, survivors of domestic abuse will now wait in fear to see whether Justice Kavanaugh... [read post]
21 Jan 2025, 3:30 pm by Josh Blackman
In immigration law, there are two broad categories of executive actions: exclusion and removal. [read post]
1 Apr 2025, 5:30 am by Josh Blackman
[The Court may have overruled Chevron, but it has just inadvertently created a far more powerful deference doctrine with Salerno, all in service of narrowly reversing the Fifth Circuit.] [read post]
16 Mar 2024, 6:35 pm by Josh Blackman
[It will be harder for conservative litigants in blue states and liberal litigants in red states to obtain statewide relief. [read post]
22 Mar 2024, 8:38 am by Josh Blackman
[At most, Smith’s temporary position is properly characterized as a mere “employee. [read post]
24 Jan 2025, 2:21 pm by Josh Blackman
The Solicitor General has filed briefs in three cases, currently pending on the docket. [read post]
28 Apr 2024, 10:28 am by Josh Blackman
[The clear statement rule and the major question doctrine both function as substantive separation of powers canons in order to avoid deciding if federal actions are unconstitutional.] [read post]
18 Jun 2024, 5:00 am by Josh Blackman
The Office of the Solicitor General (OSG) presents oral arguments on behalf of the federal government in almost all cases before the Supreme Court. [read post]
28 Jul 2024, 4:45 pm by Josh Blackman
[Does Justice Kagan really want Chief Judge Kimberly Moore to give Justice Thomas the Pauline Newman treatment?] [read post]
10 Dec 2024, 6:00 am by Josh Blackman
During oral argument in Skrmetti, Justice Thomas disputed that the Tennessee law imposed a sex-based classification. [read post]
3 Feb 2022, 5:00 am by Josh Blackman
[My Op-Ed in Newsweek: "If the senators advise before they consent, Biden can still select one of his preferred nominees and, in the process, reverse the tide of the decades-long confirmation wars. [read post]
17 Nov 2021, 8:41 pm by Josh Blackman
[Punish YLS where it hurts: by denying them credit for coveted clerkships. ] Yale Law School is a failed academic institution. [read post]