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11 Apr 2020, 4:00 am by Josh Blackman
4/11/1862: Chief Justice Charles Evans Hughes's birthday. [read post]
9 Apr 2020, 12:16 pm by Derek T. Muller
Gore).In short-fuse election law cases, however, there’s nothing unusual with the decision to issue an order or an opinion related to an order without identifying the author.UPDATE: Josh Blackman has similar thoughts here. [read post]
9 Apr 2020, 10:54 am by Josh Blackman
[Because applications for stay decided without oral argument are (in my experience) always unsigned, per curiam decisions.] [read post]
9 Apr 2020, 5:00 am by Josh Blackman
[Eight 5th Circuit judges already found that 18 U.S.C. 922(o) would be unconstitutional with respect to the local possession of bump stocks] Part I in this series explained that Congress does not have a general police power. [read post]
8 Apr 2020, 10:09 am by Howard Wasserman
Following on Dan's post about the Tuesday's Texas abortion case and courtesy of Josh Blackman, there is FN 19 of the opinion: Although not necessary to our decision, we note that the district court purported to enjoin GA-09 as to all abortion providers in Texas. [read post]
8 Apr 2020, 5:00 am by Josh Blackman
[The statute that authorizes the bump stock regulation lacks a jurisdictional hook] Part I in this series explained that Congress does not have a general police power. [read post]
7 Apr 2020, 10:37 pm by Josh Blackman
[It is anachronistic to retroactively graft modern Supreme Court precedents onto Progressive Era Precedents] Two prominent decisions in the past week turned on Supreme Court jurisprudence from 1905: Jacobson v. [read post]
7 Apr 2020, 1:46 pm by Ilya Somin
But I am far less optimistic about it than enthusiasts like co-blogger Josh Blackman—at least not when it comes to large interactive classes. 1. [read post]
7 Apr 2020, 9:26 am by Josh Blackman
[Would the state have a compelling interest to forcibly separate families to flatten the curve?] [read post]
7 Apr 2020, 5:00 am by Josh Blackman
[The Commerce and Necessary and Proper Clauses give Congress the power to prohibit the possession of certain items] Part I in this series rejected the notion that the federal government has an inherent "police power" to seize property without providing just compensation. [read post]