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3 Jul 2020, 12:11 pm by Josh Blackman
[The Court quietly ruled on Abortion, Free Exercise, the Mueller Report, Voting Rights, and the Suspension Clause.] [read post]
1 Jul 2020, 3:51 pm by Josh Blackman
[Halfway Stare Decisis, like Halfway Textualism, Allows the Court to be Ruled by the Dead Hand of William Brennan.] [read post]
1 Jul 2020, 2:32 pm by Josh Blackman
[Roberts's fidelity to stare decisis does not include following precedents as written. [read post]
1 Jul 2020, 11:09 am by Josh Blackman
[Hamilton said that Senate must consent when a new President "displaces," that is substitutes an old officer with a new officer.] [read post]
30 Jun 2020, 4:01 pm by Josh Blackman
[Blue June buries Boumediene, Whole Woman's Health, and Trinity Lutheran Footnote 3.] [read post]
30 Jun 2020, 1:28 pm by Josh Blackman
(If you'd like a 21-page edited version, please email me: josh-at-josh-blackman-dot-com.) [read post]
29 Jun 2020, 11:32 pm by Josh Blackman
[Roberts and Kagan present two very different conceptions of the separation of powers.] [read post]
29 Jun 2020, 10:33 pm by Josh Blackman
If you'd like a copy, please e-mail me: josh-at-josh-blackman-dot-com. [read post]
28 Jun 2020, 8:19 pm by Josh Blackman
[The opposition to mask-mandates harkens back to the Obamacare challenge.] [read post]
27 Jun 2020, 9:31 am by Josh Blackman
[This landmark Title VII case relied on the "familiar rule" from Church of the Holy Trinity v. [read post]
26 Jun 2020, 3:14 pm by Howard Bashman
“Justice Gorsuch’s Halfway Textualism Surprises and Disappoints in the Title VII Cases”: Law professors Josh Blackman and Randy Barnett have this essay online at National Review. [read post]