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12 Nov 2020, 5:27 pm
Texas Explain The Likely Aftermath Of a Dismissal on Standing Grounds; Finding that the state plaintiffs and the private plaintiffs lack standing will not settle the constitutionality of the ACA”: Josh Blackman has this post at “The Volokh Conspiracy,” along with a related posts titled “Reconsidering Redressability and Traceability in California v. [read post]
12 Nov 2020, 3:54 pm
[The answer to questions from Justice Gorsuch and Barrett depends on how the Plaintiffs' injuries are characterized.] [read post]
12 Nov 2020, 6:00 am
[Bakke, Gruter, Gratz, Fisher I, FIsher II, Penn Coal, Penn Central] Class 24: Equal Protection III: Affirmative Action on the Rehnquist and Roberts Courts Grutter v. [read post]
12 Nov 2020, 4:00 am
11/12/1975: Justice William O. [read post]
12 Nov 2020, 12:30 am
[Finding that the state plaintiffs and the private plaintiffs lack standing will not settle the constitutionality of the ACA.] [read post]
11 Nov 2020, 4:00 am
11/11/1975: Virginia State Bd. of Pharmacy v. [read post]
10 Nov 2020, 12:10 pm
[Former Solicitor General Don Verrilli dropped a nice turn of phrase in California v. [read post]
10 Nov 2020, 11:46 am
[Solicitor General Hawkins's exchange with Justice Kagan illustrates the foundational disagreement about what NFIB held.] [read post]
10 Nov 2020, 6:03 am
Texas; Some things to listen for when the Supreme Court hears oral argument in the latest Affordable Care Act case,” while Josh Blackman has a post titled “Reflecting on a Decade of ACA Litigation. [read post]
10 Nov 2020, 4:00 am
11/10/1975: Buckley v. [read post]
10 Nov 2020, 12:25 am
In the Author's Note to my second book, Unraveled (2016), I wrote "By fate or design, my young career has tracked the trajectory of the Affordable Care Act. [read post]
9 Nov 2020, 6:16 pm
In an amicus brief and SCOTUSBlog post, my co-blogger Josh Blackman and the Cato Institute's Ilya Shapiro claim that the individual plaintiffs in California v. [read post]
9 Nov 2020, 2:36 pm
[Loving, Bakke, Loretto, Horne, and Hadacheck] Class 23: Equal Protection II: Interracial Marriage and Affirmative Action on the Burger Court Loving v. [read post]
9 Nov 2020, 10:20 am
Josh Blackman (South Texas), A Game Changer for Zoom Classes: Live Transcription by Otter.ai: I've discovered a game-changer. [read post]
9 Nov 2020, 8:52 am
” Professor Josh Blackman described them as “little more than Potemkin Villages,” anticipating that schools would “shift everything online” and face RICO actions from students.It’s increasingly apparent these projections just weren’t true.I taught one week in person, one week online to minimize first-year and upper-division student overlap in the building, and to use classroom space effectively. [read post]
9 Nov 2020, 4:00 am
11/9/1942: Wickard v. [read post]
8 Nov 2020, 3:00 pm
["Diversity in scholarship promotes historically underrepresented authors, ideas, and perspectives in the field of law. [read post]
8 Nov 2020, 9:06 am
[It is unclear if this mandate would apply to personal vehicles traveling on public interstate highways.] [read post]
8 Nov 2020, 4:00 am
11/8/1994: U.S. v. [read post]
7 Nov 2020, 11:34 pm
I'm sure some people reading this will react with disgust: How dare you Josh?! [read post]