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26 Nov 2020, 4:00 am
11/26/1829: Justice Bushrod Washington dies. [read post]
26 Nov 2020, 1:44 am
[The majority held that New York could reimpose the restrictions at any point. [read post]
26 Nov 2020, 1:18 am
[But the per curiam opinion stops short of adopting Justice Kavanaugh's "most favored right" framework.] [read post]
26 Nov 2020, 12:07 am
[Justice Gorsuch's reading of Jacobson tracks my own, almost to a tee. [read post]
25 Nov 2020, 11:14 pm
[In six months, Chief Justice Roberts's South Bay concurrence was cited 114 times. [read post]
25 Nov 2020, 9:27 pm
[Chief Justice Roberts dissented from Roman Catholic Diocese of Brooklyn v. [read post]
25 Nov 2020, 1:08 pm
Josh Blackman's two books provide excellent blow-by-blow accounts of the extensive litigation generated by the Affordable Care Act. [read post]
25 Nov 2020, 5:00 am
Supreme Court rejects bid (Stacey Fernandez, The Texas Tribune) Now that Pennsylvania has certified its election results, we may never know whether Justice Barrett would have recused from the election litigation (Josh Blackman, The Volokh Conspiracy) Happy Thanksgiving! [read post]
25 Nov 2020, 4:00 am
11/25/1757: Henry Brockholst Livingston's birthday. [read post]
24 Nov 2020, 6:00 pm
Texas: Josh, how can the post-2017 ACA impose a mandate if the penalty is $0? [read post]
24 Nov 2020, 3:24 pm
[Now, Circuit Justice Alito can deny the pending application from Pennsylvania without referring the case to the full Court] Today, the Pennsylvania Secretary of State certified the final count for the presidential election. [read post]
24 Nov 2020, 1:49 pm
[Lawrence, Windsor, Obergefell] Class 28: Modern Substantive Due Process III: Protecting "Dignity" Lawrence v. [read post]
24 Nov 2020, 4:00 am
11/24/2001: Salim Hamdan was captured in Afghanistan. [read post]
23 Nov 2020, 10:45 pm
[Massachusetts fined people who refused to get vaccinated. [read post]
23 Nov 2020, 4:21 pm
[Casey, Whole Woman's Health, and June Medical] Class 27: Modern Substantive Due Process II Planned Parenthood v. [read post]
23 Nov 2020, 5:30 am
[The answer is not FDR.] [read post]
23 Nov 2020, 4:00 am
11/23/1804: President Franklin Pierce's birthday. [read post]
22 Nov 2020, 2:02 pm
[The ad hoc creation of red and orange zones are capable of repetition, but will evade review.] [read post]
22 Nov 2020, 4:00 am
11/22/1963: President Lyndon B. [read post]
21 Nov 2020, 4:00 am
11/21/1926: Justice Joseph McKenna died. [read post]
