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26 Jun 2020, 2:03 pm
[The steel mill owners had a concrete, property interest that was impaired by the government's actions. [read post]
26 Jun 2020, 10:38 am
Tyler Ambrose, Zarinah Mustafa & Sherin Nassar (J.D. 2022, Harvard), Law Schools’ Complicity on Racism Must Be Challenged Josh Blackman (South Texas), The Difficulties of Teaching a "Hybrid" Class Marcilynn Burke (Dean, Oregon), Brian Gallini (Dean, Willamette) & Jennifer Johnson (Dean, Lewis & Clark) to Oregon Supreme Court: Diploma Privilege... [read post]
26 Jun 2020, 9:01 am
[Randy Barnett and I explain where Justice Gorsuch went wrong in Bostock] Randy Barnett and I published a new essay in National Review Online, titled "Justice Gorsuch's Half-Way Textualism Surprises and Disappoints in the Title VII Cases. [read post]
26 Jun 2020, 4:00 am
6/26/2003: Justice Kennedy writes the majority opinion in Lawrence v. [read post]
25 Jun 2020, 4:03 pm
[The majority and dissent vigorously disagree about the role history should play in this Suspension Clause case] A few moments ago, I blogged about Department of Homeland Security v. [read post]
25 Jun 2020, 3:45 pm
Please e-mail me if you'd like a copy: josh-at-josh-blackman-dot-com. [read post]
25 Jun 2020, 8:02 am
[The AALS "Meat Market" will have to find another home; or go fully virtual!] [read post]
25 Jun 2020, 7:52 am
[June Medical, Espinoza, and Seila Law remain from the pre-COVID cases] Today the Supreme Court decided Department of Homeland Security v. [read post]
25 Jun 2020, 7:00 am
”Josh Blackman faults Chief Justice Roberts for “cook[ing] up [this approach] in his chambers” and taking the parties by surprise. [read post]
25 Jun 2020, 4:00 am
6/25/1997: City of Boerne v. [read post]
24 Jun 2020, 4:00 am
6/24/2013: Fisher v. [read post]
23 Jun 2020, 8:56 am
" See Josh Blackman, Understanding Sessions's Justification to Rescind DACA, Lawfare (Jan. 16, 2018, 8:00 AM) https://www.lawfareblog.com/understanding-sessionss-justification-rescind-daca; see also Texas, 809 F.3d at 150 (noting that the plaintiffs there had asserted "constitutional claims under the Take Care Clause" and the "separation of powers doctrine"). [read post]
23 Jun 2020, 4:00 am
6/23/1987: South Dakota v. [read post]
22 Jun 2020, 3:35 pm
[From SCOTUSBlog's Interim Stat Pack] At SCOTUSBlog, Adam Feldman released the interim stat pack. [read post]
22 Jun 2020, 9:40 am
[Four cases are pending from the pre-Covid arguments, 10 cases are pending from the May siting ] Today the Supreme Court decided a single case: Liu v. [read post]
22 Jun 2020, 9:33 am
[Justice Thomas again rejects substantive due process incorporation] Today the Supreme Court denied review in Kansas v. [read post]
22 Jun 2020, 4:00 am
6/22/1992: R.A.V. v. [read post]
21 Jun 2020, 4:00 am
6/21/1989: Texas v. [read post]
20 Jun 2020, 3:16 pm
"); Josh Blackman, Defiance and Surrender, 59 S. [read post]
20 Jun 2020, 2:29 pm
[It was hinted at in the D.C. [read post]