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[Josh Blackman] Today in Supreme Court History: January 17, 1973 and January 17, 1996
17 Jan 2023, 4:00 am by Josh Blackman
Frontiero v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Merck Sues HHS, Claims Drug Price Negotiation Program Violates First and Fifth Amendment
6 Jun 2023, 11:25 am by Josh Blackman
[Pharma has a "choice": Negotiate with HHS or pay $10 million "tax" per day.] [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Why do different positions in the government receive different types of free speech rights?
17 Jan 2021, 12:21 pm by Josh Blackman
[This post is co-authored with Seth Barrett Tillman.] [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] The Anti-Textualist Decision Finding VP Covered by Speech or Debate Clause
10 Jun 2023, 11:35 am by Josh Blackman
["The Court declines to be the first in generations to force a literal reading of the Clause's text. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] NextGen Bar Exam MC Questions Only Require Takers To Spot Issues, And Not Apply the Rules
12 Jul 2023, 11:47 am by Josh Blackman
[Rather than IRAC, students will only need to focus on the issue.] [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] RBG's Daughter: Justice Ginsburg did not "anticipate" that Republicans would block Garland
21 Sep 2020, 9:34 pm by Josh Blackman
[Jane Ginsburg talks to Emily Bazelon] Emily Bazelon published a profile in the New York Times Magazine about Justice Ginsburg. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Can an Amicus ask the Supreme Court to Overrule a Case Where the Parties Don't?
21 Jun 2024, 5:47 pm by Josh Blackman
[The ACLU successfully asked the Court to reverse Wolf v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Making Sense of Justice Sotomayor's Comments on S.B. 8
29 Sep 2021, 9:24 pm by Josh Blackman
[Did she cross the line?] [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] On The Eve of NYS Rifle & Pistol, A Correction in the New York Times
2 Nov 2021, 3:30 pm by Josh Blackman
The paper of record corrects the record about Rogers v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Did Justice Barrett Say She Was "Concerned About Public Perception of [the] Supreme Court"?
14 Sep 2021, 4:30 pm by Josh Blackman
[I have yet to see any actual quotation that expressed this sentiment.] [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Supreme Court Denies Leave To File Amicus Brief in Hemphill v. New York
30 Sep 2021, 7:38 am by Josh Blackman
[The government opposed the brief, which was filed by Hemphill's prosecutor.] [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] The Good Samaritan With A Gun In Indiana Serves To Refute Four Common Gun Control Myths
19 Jul 2022, 8:45 am by Josh Blackman
On Monday, a good samaritan with a gun averted a catastrophe at an Indiana mall. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] New York Governor Submits Amicus Brief To Justice Kavanaugh In Rahimi
11 Jul 2023, 11:24 am by Josh Blackman
["Across America, survivors of domestic abuse will now wait in fear to see whether Justice Kavanaugh... [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Roman Catholic Diocese Part IV: Governor Cuomo's Orders are Capable of Repetition, and Will Not Escape Review
26 Nov 2020, 1:44 am by Josh Blackman
[The majority held that New York could reimpose the restrictions at any point. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] In Bump Stock Case, Tenth Circuit Dismisses Grant of Rehearing En Banc As Improvidently Granted
6 Mar 2021, 10:50 am by Josh Blackman
[The En Banc Court Split 6-5 to vacate the prior grant of rehearing en banc. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Justice Breyer Takes a Flood v. Kuhn-Esque Detour On Boston Architecture
2 May 2022, 10:10 am by Josh Blackman
["Built in the late 1960s, Boston City Hall is a raw concrete structure, an example of the brutalist style. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Justice Barrett: "I love the Constitution and the democratic republic that it establishes, and I will devote myself to preserving it."
26 Oct 2020, 10:52 pm by Josh Blackman
["A judge declares independence not only from Congress and the President, but also from the private beliefs that might otherwise move her. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] New on Lawfare: The Abuse of the Pardon Prevention Act Would Criminalize Politics
20 Aug 2020, 1:07 pm by Josh Blackman
[Seth Barrett Tillman and I consider the constitutionality of this new bribery regime.] [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] How I Learned About The Copyright Act's Statute of Limitations
9 May 2024, 10:07 pm by Josh Blackman
[And how it relates to Warner Chappell Music, Inc. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Sixth Circuit Declares Closure of Religious Schools in Toledo Violates Free Exercise Clause
1 Jan 2021, 3:17 pm by Josh Blackman
[The panel attempts to explain how to perform the Diocese comparator approach. [read post]
The Volokh Conspiracy - http://www.volokh.com/