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1 Jul 2021, 2:09 pm
[They prefer "nuance. [read post]
2 Feb 2021, 3:34 pm
[If the case is dismissed on standing grounds, a future litigant in the Fifth Circuit could challenge the ACA as a defense to federal enforcement] CNN and other outlets have speculated that the Biden Administration may withdraw the Trump Administration's brief in California v. [read post]
31 Mar 2021, 9:54 pm
[Judge Bumatay's dissent accurately explains the caselaw. [read post]
1 May 2023, 9:17 am
[Usually, "good" facts for a cert petition represent unfortunate human suffering.] [read post]
12 May 2023, 5:30 am
On June 20, 2022, I published a post titled "Some Tentative Thoughts On The Jewish Claim To A "Religious Abortion. [read post]
20 Oct 2021, 12:07 pm
["Proposals like court-packing and living common goodism, based on the notion that judicial decisions should be driven by substantive outcomes, undermine rule of law. [read post]
17 Jan 2020, 4:00 am
Frontiero v. [read post]
21 Jul 2020, 4:27 pm
[The Fifth Circuit struck the brief. [read post]
19 May 2021, 12:36 am
[Gorsuch: "The dissent may prefer decisions within a particular 30-year window. [read post]
12 Sep 2021, 8:18 am
[We cannot simply presume that Congress can indirectly regulate private conduct through the direct regulation of workplace safety.] [read post]
1 Jan 2022, 11:26 am
[Roberts to Congress: Don't call us, we'll call you. ] Every year on December 31, the Chief Justice issues the year-end report on the federal judiciary. [read post]
20 Sep 2019, 8:00 am
[Cruikshank, Strauder, Civil Rights Cases, Yick Wo, Hans, E.C. [read post]
12 Nov 2020, 7:41 pm
[What Rights are “Essential”? [read post]
15 May 2023, 5:30 am
[A synthesis of our prior writings on the meaning of “Office . . . under the United States. [read post]
1 Oct 2017, 11:40 am
Days after President Trump’s inauguration in January 2017, Citizens for Responsibility and Ethics in Washington (CREW) brought suit against the president under the foreign emoluments clause. [read post]
26 Mar 2021, 3:09 pm
["Next Steps in Our Commitment to Racial Justice"] Eugene blogged about a situation at the Georgetown University Law Center involving an adjunct professor who was dismissed for comments she made on Zoom. [read post]
27 Jul 2021, 8:55 am
[Managers and employees are clashing about working from home.] [read post]
4 Oct 2021, 5:30 am
[Predict all of the biggest cases at the Supreme Court] I am honored to open up the 13th Season of FantasySCOTUS. [read post]
18 Jun 2020, 3:54 pm
["If officials are now exempting protesters, how can they justify continuing to restrict worshippers? [read post]
23 Mar 2021, 2:23 pm
[Is there some strategic reason for the delay? [read post]
