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14 Nov 2019, 4:01 am
11/14/1922: Pennsylvania Coal Co. v. [read post]
14 Nov 2019, 3:53 am
” At Reason’s Volokh Conspiracy blog, Josh Blackman worries that the court may “rule that the rescission memorandum is not subject to judicial review,” which would “leave open the legality of the policy for the foreseeable future”; he cautions that “[a] punt here would effectively cement DACA as a policy, without ever deciding its lawfulness. [read post]
14 Nov 2019, 3:41 am
[In the circuit courts, DOJ cited the Nielsen memorandum as providing an "independent" basis to rescind DACA] The DACA litigation turns, in part, on two separate memoranda issued by two Homeland Security Secretaries: (1) a memorandum from Secretary Elaine Duke, and (2) a memorandum from Secretary Kirstjen Nielsen. [read post]
13 Nov 2019, 6:48 am
[The Court punted on deferred action in 2016, denied certiorari before judgment in 2018, and may yet again evade a merits ruling in 2019] The Supreme Court's October 2015 Term was cut short because of Justice Scalia's unexpected passing. [read post]
13 Nov 2019, 4:00 am
11/13/1856: Justice Louis Brandeis's birthday. [read post]
12 Nov 2019, 7:20 pm
” At “The Volokh Conspiracy,” Josh Blackman has a post titled “Instant reaction to DACA Case: At Least Five Votes that Rescission Not Reviewable; Given the six-month wind-down, the policy would remain intact until after the inauguration. [read post]
12 Nov 2019, 2:17 pm
Meanwhile, Josh Blackman of South Texas College of Law, a frequent commentator on the court, arrives just after the justices take the bench but while bar admissions are ongoing. [read post]
12 Nov 2019, 10:48 am
[Given the six-month wind-down, the policy would remain intact until after the inauguration. ] I attended oral arguments today in the DACA case. [read post]
12 Nov 2019, 4:00 am
11/12/1975: Justice William O. [read post]
11 Nov 2019, 8:08 pm
As co-blogger Josh Blackman (a longtime critic of the legality of DACA) points out, the Trump administration's position in these cases relies heavily on the notion that DACA had to be rescinded because it is itself illegal. [read post]
11 Nov 2019, 5:39 am
[SCOTUS can still uphold the rescission if it agrees that Attorney General reasonably concluded that DACA was unlawful] In a 2017 letter, Attorney General Sessions concluded that the courts would likely find DACA illegal. [read post]
11 Nov 2019, 4:00 am
11/11/1975: Virginia State Bd. of Pharmacy v. [read post]
10 Nov 2019, 4:00 am
11/10/1975: Buckley v. [read post]
9 Nov 2019, 4:00 am
11/9/1942: Wickard v. [read post]
8 Nov 2019, 11:32 am
" George Will also discussed our brief in his latest column: A brief from Ilya Shapiro and Josh Blackman (who favor DACA as policy) for the Cato Institute argues that Obama's action went beyond "constitutionally-authorized executive power. [read post]
8 Nov 2019, 4:02 am
[Randy Barnett and I will be signing books at the Heritage Foundation and the Federalist Society National Lawyers Convention] On 11/13/19 at noon, Randy Barnett and I will be giving a book talk on "100 Supreme Court Cases" at the Heritage Foundation. [read post]
8 Nov 2019, 4:00 am
11/8/1994: U.S. v. [read post]
8 Nov 2019, 2:59 am
Murphy; earlier on surprise plain meaning] “An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know” [new book by Randy Barnett and Josh Blackman; described here, and discussed in this Cato video] Tags: Cato Institute, constitutional law, guns, Indian tribes, Oklahoma, Supreme Court [read post]
7 Nov 2019, 4:00 am
11/7/1922: Oregon enacts the Compulsory Education Act. [read post]
6 Nov 2019, 9:05 pm
Josh Blackman, at The Atlantic and Volokh Conspiracy, has the tale of how in the nomination of conservative Ninth Circuit nominee Lawrence Van Dyke, the American Bar Association (ABA) appears to have played fast and loose with the interview process, breaking its own rules along the way. [read post]
