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27 Oct 2020, 6:00 am by Josh Blackman
[Briefs filed by the Jewish Coalition for Religious Liberty and the Becket Fund for Religious Liberty.] [read post]
28 Apr 2024, 10:28 am by Josh Blackman
[The clear statement rule and the major question doctrine both function as substantive separation of powers canons in order to avoid deciding if federal actions are unconstitutional.] [read post]
12 Jan 2022, 9:07 pm by Josh Blackman
[To remove the director, the President must provide 30-days written notice to Congress.] [read post]
25 Mar 2022, 9:41 pm by Josh Blackman
[This basic principle was contested during President Trump's second impeachment trial.] [read post]
30 Sep 2020, 3:50 pm by Josh Blackman
[The second rule of Court Packing is you do not talk about Court Packing. ] I recently rewatched the movie Fight Club for the first time in nearly two decades. [read post]
20 Jul 2022, 5:29 am by Josh Blackman
["A new generation of law students, lawyers, and judges must internalize the Dobbs conception of "legitimacy. [read post]
29 Sep 2022, 10:26 pm by Josh Blackman
[The Biden Administration keeps moving the goal posts to block legal challenges. ] To date, I have not written about President Biden's student loan forgiveness initiative. [read post]
9 Aug 2021, 1:59 pm by Josh Blackman
["Plaintiffs have shown success on the merits for its RFRA claim because the current Section 1557 regulatory scheme substantially burdens Christian Plaintiffs' religious exercise in clear violation of RFRA. [read post]
30 Jun 2020, 4:01 pm by Josh Blackman
[Blue June buries Boumediene, Whole Woman's Health, and Trinity Lutheran Footnote 3.] [read post]
23 Jul 2020, 12:56 pm by Josh Blackman
[I try to make sense of the votes in the Faithless Electors Cases and the Creek Nation Cases] SCOTUSBlog published my new essay, titled Invisible majorities: Counting to nine votes in per curiam cases. [read post]
25 Aug 2020, 4:23 pm by Josh Blackman
[And students can easily watch recorded classes even if they are affected by the weather.] [read post]
27 Jun 2022, 1:47 pm by Josh Blackman
[That awkward moment when Justice Breyer joins an opinion that criticizes his join in Lawrence.] [read post]
13 Sep 2021, 6:31 am by Josh Blackman
["I have yet to find any historical precedent for such an invasive regulation of workers nationwide. [read post]