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21 Nov 2024, 8:31 pm by Josh Blackman
President Trump's new nominee for Attorney General is Pam Bondi, the former Florida Attorney General. [read post]
1 Jan 2025, 8:56 pm by Josh Blackman
Chief Justice Roberts's 2024 year-end report warned that "elected officials from across the political spectrum have raised the specter of open disregard for federal court rulings. [read post]
26 Mar 2022, 3:38 pm by Josh Blackman
[Kavanuagh's concerns about the "compelling interest" test in RLUIPA do not bode well from him restoring that test to Free Exercise Clause jurisprudence.] [read post]
29 Oct 2023, 3:49 pm by Josh Blackman
["I call on my fellow university administrators to speak out and denounce the celebrations of Hamas and the blatant antisemitism that is being voiced. [read post]
17 Jan 2025, 6:40 am by Josh Blackman
I am happy to publish this guest post from my frequent co-author Seth Barrett Tillman, which is cross-posted at Seth's blog. *** If you ask me about whether or not the President has an implied constitutionally-granted power to remove high-level Executive Branch officers subject to his (the President's) appointment power, my answer is basically that I do not have a dog in that fight. [read post]
24 Jun 2024, 11:00 pm by Josh Blackman
In November, I wrote that the Fifth Circuit's Rahimi decision "was a faithful application of Bruen. [read post]
2 Dec 2021, 1:31 pm by Josh Blackman
[If she is so worried about the Court's politicization, she wouldn't expend so much effort to call her colleagues partisans.] [read post]
20 Jan 2022, 10:15 pm by Josh Blackman
[Roberts, a self-avowed judicial supremacist, apparently did not think the Fifth Circuit ignored the Supreme Court.] [read post]
14 Jan 2022, 8:25 am by Josh Blackman
[If the House passes the Congressional Review Act Resolution, President Biden would have an opportunity to publicly disavow the Supreme Court's decision.] [read post]
17 Apr 2024, 9:03 am by Josh Blackman
[Justice Thomas: “constitutional rights are generally invoked defensively in cases arising under other sources of law, or asserted offensively pursuant to an independent cause of action designed for that purpose”] [This post is co-authored with Professor Seth Barrett Tillman]. [read post]
9 Jul 2024, 8:00 am by Josh Blackman
[Even if an erroneous precedent cannot be overruled, isolate the damage, and decline to extend it to new circumstances.] [read post]