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6 Dec 2020, 11:39 am by Josh Blackman
[Did Alito not recognize the significance of making the response due after the safe harbor date? [read post]
5 Dec 2020, 11:07 am by Josh Blackman
[Trump--appointed Judges consistently rule against President Trump in election cases.] [read post]
5 Dec 2020, 7:52 am by Anna Salvatore, Tia Sewell
Howell shared an episode of the Lawfare Podcast in which Alan Rozenshtein spoke with professors Lindsay Wiley and Josh Blackman on the recent Supreme Court ruling on Catholic Diocese of Brooklyn v. [read post]
4 Dec 2020, 1:38 pm by Josh Blackman
[Justice Alito effectively denies Pennsylvania emergency appeal by calling for response after Electoral Count Act "Safe Harbor Date"] Generally, the Circuit Justice plays a minimalist role. [read post]
4 Dec 2020, 12:11 pm by Benjamin Wittes
But Barr’s order goes further in two key important respects, both flagged in this excellent piece by Josh Blackman. [read post]
4 Dec 2020, 2:01 am by Jen Patja Howell
To help explain that decision and to discuss its implications for future public health responses to COVID, Alan Rozenshtein spoke with law professors Lindsay Wiley of American University and Josh Blackman of the South Texas College of Law. [read post]
3 Dec 2020, 3:38 pm by Howard Bashman
” And in commentary, at “The Volokh Conspiracy,” Josh Blackman has a post titled “SCOTUS Creatively Punts in COVID Appeal from 9th Circuit: Grants Cert Before Judgment, then Vacates and Remands; Given the likely trajectory of COVID-19, the Court may never have to decide a pandemic case on the merits. [read post]
3 Dec 2020, 1:01 pm by Anna Salvatore
Josh Blackman explained why Attorney General Bill Barr had the statutory authority to appoint John Durham as special counsel. [read post]
3 Dec 2020, 9:36 am by Josh Blackman
[Given the likely trajectory of COVID-19, the Court may never have to decide a pandemic case on the merits.] [read post]
2 Dec 2020, 1:42 pm by Josh Blackman
[Barr's appointment of Durham mostly tracks Rosenstein's appointment of Muller] Lawfare has published my new essay, titled "The Statutory Authority for Barr's Appointment of Durham as Special Counsel. [read post]