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4 Mar 2024, 8:46 am
Barrett, 63 N. [read post]
4 Mar 2024, 7:50 am
Justice Barrett joined Parts I and II.B, but not… Continue reading The post How Should We Read Justice Barrett’s Separate Decision in Trump Disqualification Case? [read post]
4 Mar 2024, 7:40 am
.); see also post, p. 1 (opinion of BARRETT, J.). [read post]
4 Mar 2024, 7:27 am
Justices Amy Coney Barrett, Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson wrote concurrences arguing that the court should not have decided how the federal government may enforce Section 3. [read post]
4 Mar 2024, 7:16 am
You can find the Supreme Court’s decision, along with separate opinions of Justice Barrett, and Justices Kagan, Sotomayor, and Jackson (together) at this link. [read post]
3 Mar 2024, 12:24 pm
[This post, which is co-authored with Professor Seth Barrett Tillman, continues from the first installment.] [read post]
29 Feb 2024, 7:15 pm
Max Barrett, Great Legal Writing: Lessons from Literature (2023). [read post]
29 Feb 2024, 9:24 am
” And in commentary, online at Slate, Mark Joseph Stern has a Jurisprudence essay titled “Amy Coney Barrett Gets to Decide If Machine Guns Are Actually Legal; The Supreme Court is looking at the bump stocks that caused the Las Vegas music festival shooting to be so deadly. [read post]
29 Feb 2024, 8:17 am
The “contextual approach” articulated by Justice Barrett purports to reconcile the doctrine with textualism. [read post]
28 Feb 2024, 12:22 pm
” An ambitious aim that Barrett achieves in an engaging and candid chapter. [read post]
27 Feb 2024, 11:45 am
Justice Amy Coney Barrett stated, “If we say about this is that this is speech that’s entitled to First Amendment protection, I do think then that has Section 230 implications for another case. [read post]
27 Feb 2024, 4:00 am
At various points, each of Justices Alito, Kagan, and Barrett indicated that they thought the Florida law would be valid as applied to Gmail, DM apps, and other user-to-user communications that social media platforms do not curate (algorithmically or otherwise). [read post]
26 Feb 2024, 4:46 pm
Unlike the law schools, Barrett posited, the “social media companies are hosting speech. [read post]
26 Feb 2024, 2:15 pm
Justice Sotomayor, for example, often asks lawyers how they want the Supreme Court to write the case opinion, and sometimes the lawyers' answer to that changes the outcome of a case, Justice Barrett said. [read post]
25 Feb 2024, 2:44 pm
[This post is co-authored with Professor Seth Barrett Tillman.] [read post]
24 Feb 2024, 11:24 am
” C-SPAN has posted online a video titled “Justices Sonia Sotomayor & Amy Coney Barrett at Nat’l Governors Assn. [read post]
23 Feb 2024, 12:34 pm
By a 7-1 vote (the newly installed Justice Amy Coney Barrett didn’t participate, and Thomas dissented), the court concluded that the 5th Circuit had committed a threshold error: Because Claiborne’s limitations would be “implicated only if Louisiana law permits recovery … in the first place,” and because the tort theory was so “novel,” “uncertain,” and “fraught with [First Amendment] implications,” the court of appeals should… [read post]
23 Feb 2024, 8:22 am
“A Response to Professor John Mikhail on ‘Officers of the United States’ — Part II; The issues, arguments, and evidence raised by Mikhail have already been addressed by extant scholarship, including our scholarship; Mikhail’s arguments and evidence were not ‘ignored or overlooked’”: Josh Blackman and Seth Barrett Tillman have this post at “The Volokh Conspiracy. [read post]
23 Feb 2024, 3:00 am
Informant Charged with Lies About Bidens Also Claimed Russian Contacts, Feds Say MSN – Devlin Barrett (Washington Post) | Published: 2/21/2024 A former FBI informant charged with making up a bribery scheme involving President Biden had contacts with Russian intelligence-affiliated officials, prosecutors said. [read post]
22 Feb 2024, 2:04 pm
”] [This post is co-authored with Professor Seth Barrett Tillman.] [read post]
