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14 Dec 2021, 8:45 pm by Josh Blackman
[Texas wants to remand to the Fifth Circuit, which can certify the statutory interpretation question on which Justices Gorsuch and Thomas divided.] [read post]
27 Jun 2023, 10:54 pm by Josh Blackman
[This opinion continues a trend where the Court faults lawyers for making certain arguments, not making other arguments. ] In Brackeen, Justice Barrett repeatedly faulted counsel for Texas and the adopting families. [read post]
3 Jul 2024, 11:02 pm by Josh Blackman
[Defenders of the Mueller investigation routinely argued that the threat of civil enforcement was worse than a federal prosecution.] [read post]
25 Jun 2020, 7:52 am by Josh Blackman
[June Medical, Espinoza, and Seila Law remain from the pre-COVID cases] Today the Supreme Court decided Department of Homeland Security v. [read post]
8 Aug 2022, 8:25 pm by Josh Blackman
[That statute disqualifies a person from "holding any office under the United States. [read post]
10 Oct 2021, 11:19 am by Josh Blackman
[Judge Pryor explains that Common Good Originalism should be called Living Common Goodism] On Wednesday, I was honored to attend the 14th Annual Joseph Story Distinguished Lecture. [read post]
2 Mar 2022, 10:04 am by Josh Blackman
[In 1992, the Embassy of Ukraine moved to the Forrest-Marbury House. ] In 1992, the Embassy of Ukraine moved to the Forrest-Marbury House in Georgetown. [read post]
2 May 2022, 10:24 am by Josh Blackman
["And like any factorized analysis, this approach cannot provide a principled way of deciding cases. [read post]
20 Apr 2023, 5:30 am by Josh Blackman
On Tuesday, Justice Jackson issued the majority opinion in MOAC Mall Holdings LLC v. [read post]
8 Aug 2020, 12:10 am by Josh Blackman
[Judge Martin and Chief Judge Pryor vigorously disagree over how to characterize a bathroom case from Florida.] [read post]
21 Oct 2019, 7:31 am by Josh Blackman
[Justices Thomas and Gorusch write that an executive-branch policy is not "'Law' for purposes of the Supremacy Clause"] Today the Supreme Court denied review in Lipschultz v. [read post]
12 Jul 2022, 7:13 pm by Josh Blackman
[The investigation of the soon-to-resign Chief Judge of New York can continue.] [read post]