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24 Jun 2024, 11:00 pm by Josh Blackman
In November, I wrote that the Fifth Circuit's Rahimi decision "was a faithful application of Bruen. [read post]
3 Jul 2024, 9:43 am by Josh Blackman
[McConnell: "Dismantling the administrative state and empowering people who are actually elected to make decisions has been the motivating force" for nearly every "Federalist Society-type lawyer. [read post]
23 Feb 2020, 9:36 am by Josh Blackman
[Judges should not leak internal proceedings to the media] Last September, "sources familiar with the private Supreme Court deliberations" talked to CNN about the Census Case. [read post]
8 Feb 2023, 5:33 pm by Josh Blackman
This post is based on my experience with Professor Xiao Wang's article, but addresses a broader issue: what should a student journal do when an author refuses to correct a false claim. [read post]
30 Oct 2021, 12:18 pm by Josh Blackman
[The state cannot grant medical exemptions without also granting religious exemptions. ] In Fulton, the Court declined to overrule Smith. [read post]
21 Feb 2020, 10:02 am by Josh Blackman
[What if Congress standardized the hiring process, imposed minimum qualifications, and converted term clerks to career clerks?] [read post]
10 Mar 2020, 8:29 am by Josh Blackman
["Roberts’ misleading testimony inevitably comes to mind when one considers the course of decision-making by the Court over which he presides. [read post]
30 Sep 2020, 7:00 am by Josh Blackman
["In order to invoke this Court’s diversity jurisdiction, Plaintiff must allege that the citizenship of each member of the LLC defendant was diverse from that of Plaintiff at the date of this action’s filing. [read post]
17 Jun 2020, 2:22 pm by Josh Blackman
["Feeding the body requires teams of people to work together in physical spaces, but churches can feed the spirit in other ways. [read post]
20 Mar 2024, 7:57 am by Josh Blackman
[The Shadow Docket giveth, The Shadow Docket taketh away] Justice Barrett's concurrence in McCraw made it less likely that lower courts will grant administrative stays before a merits panel holds oral argument. [read post]
20 Jan 2022, 10:15 pm by Josh Blackman
[Roberts, a self-avowed judicial supremacist, apparently did not think the Fifth Circuit ignored the Supreme Court.] [read post]
11 Dec 2020, 2:35 pm by Josh Blackman
[Could the Chief bring everyone together for a single merits ruling in a short time?] [read post]
25 Jun 2021, 9:35 am by Josh Blackman
[In at least four cases, Justices Ginsburg, Sotomayor, and Kagan were in dissent alone.] [read post]
28 Apr 2023, 2:24 pm by Josh Blackman
[If Justice Thomas is the intellectual leader of the Supreme Court, Justice Alito is its heart.] [read post]
18 Oct 2021, 4:30 pm by Josh Blackman
[On Thursday, Texas must respond to the SG's Emergency Application and WWH's Petition for Cert Before Judgment.] [read post]
9 Apr 2020, 10:54 am by Josh Blackman
[Because applications for stay decided without oral argument are (in my experience) always unsigned, per curiam decisions.] [read post]