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7 May 2020, 9:00 am
In a blog post, law professor Josh Blackman chronicled his experience waiting in the bar line before the justices heard oral argument in the challenge to the Trump administration’s decision to end the Deferred Action for Childhood Arrivals program. [read post]
7 May 2020, 4:00 am
5/7/1873: Chief Justice Salmon P. [read post]
6 May 2020, 4:03 pm
[No. [read post]
6 May 2020, 3:55 pm
[Justice Kagan offers one possible middle ground: "Cover only those who have objections to the existing accommodation. [read post]
6 May 2020, 2:43 pm
[This issue turns on the arcana of ERISA.] [read post]
6 May 2020, 2:30 pm
[Ginsburg pages, Thomas and Gorsuch delegate, and Alito extends.] [read post]
6 May 2020, 11:18 am
[The effort was spearheaded by Judges Katsas, Oldham, Pryor, and Thapar.] [read post]
6 May 2020, 4:00 am
5/6/1776: Virginia Declaration of Rights by George Mason is published. [read post]
5 May 2020, 8:35 pm
Judge Thomas Griffith began service on the D.C. [read post]
5 May 2020, 10:59 am
["As more becomes known about the threat and about the less restrictive, more targeted ways to respond to it, continued burdens on constitutional liberties may not survive judicial scrutiny. [read post]
5 May 2020, 9:55 am
[But the nuanced legal position is politically irrelevant.] [read post]
5 May 2020, 9:31 am
[From Judge Ho on the Fifth Circuit.] [read post]
5 May 2020, 8:04 am
—1/22/20 Red State Challenge to Affordable Care Act Goes to SCOTUS (But the Arguments Remain Incredibly Weak) (Updated)—3/2/20 For the contrary views of this case, see the various posts by my co-blogger Josh Blackman. [read post]
5 May 2020, 4:00 am
5/5/1992: The 27th Amendment is ratified. [read post]
5 May 2020, 3:54 am
” Additional commentary comes from Howard Wasserman at PrawfsBlawg, who remarks that “[t]he big difference” from in-person arguments “is that the Justices were less the stars,” Josh Blackman at Reason’s Volokh Conspiracy blog (via How Appealing), Elie Mystal at The Nation, and the editorial board of The Wall Street Journal, which observes that the unprecedented teleconference format offered “a great chance for the public to witness the… [read post]
4 May 2020, 12:11 pm
[Thomas speaks, Breyer pages, Sotomayor mutes, and Blatt snarks.] [read post]
4 May 2020, 8:47 am
[The Court did't wait for the 9th Circuit to hold that the rule is retroactive, or for the 5th Circuit to hold that the rule is not retroactive] Two weeks ago, the Supreme Court decided Ramos v. [read post]
4 May 2020, 8:32 am
“The Supreme Court’s Surreal, Stilted, and Surprisingly Normal Streaming Oral Argument; The Chief strictly kept time, Justice Thomas asked questions, and I think Justice Sotomayor was on mute”: Josh Blackman has this post at “The Volokh Conspiracy. [read post]
4 May 2020, 8:15 am
[The Chief strictly kept time, Justice Thomas asked questions, and I think Justice Sotomayor was on mute] Today at 10:00 ET, the Supreme Court live-streamed oral arguments. [read post]
4 May 2020, 4:00 am
5/4/1942: Wickard v. [read post]