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26 Jun 2024, 9:31 pm by Josh Blackman
[And they charge that Justices Barrett and Kavanaugh "lost the will" to decide the case. ] In Moyle v. [read post]
9 Aug 2023, 10:24 pm by Josh Blackman
[Long before Judges Kacsmaryk and Tipton, there was Judge William Wayne Justice.] [read post]
16 Apr 2024, 8:58 pm by Josh Blackman
[A careful textualist analysis that speaks more broadly to other substantive canons, including Chevron deference.] [read post]
7 Nov 2020, 11:01 pm by Josh Blackman
[Thanks to the Chief Justices's traps, repealing the DACA rescission may be tougher than it seems.] [read post]
5 Dec 2020, 11:07 am by Josh Blackman
[Trump--appointed Judges consistently rule against President Trump in election cases.] [read post]
20 Apr 2021, 6:01 am by Josh Blackman
[My article from October 2020 on the COVID-19 cases ballooned, and was trifurcated into three separate articles.] [read post]
23 Jul 2020, 9:48 pm by Josh Blackman
[The reporter made a good-faith mistake based on an incomplete PACER download. [read post]
23 Nov 2020, 4:21 pm by Josh Blackman
[Casey, Whole Woman's Health, and June Medical] Class 27: Modern Substantive Due Process II Planned Parenthood v. [read post]
17 May 2021, 2:28 pm by Josh Blackman
[Justices Thomas, Alito, and Gorsuch would have allowed Ohio and 18 other states to intervene and defend Title X rule. ] In February, the Court granted review in a trio of companion cases concerning Title X and abortion. [read post]
31 Aug 2020, 12:03 pm by Josh Blackman
[Heart of Atlanta, McClung, and Dole] Class 5: Enumerated Powers III – The Warren Court and the Spending Power (8/31/20) Hearts of Atlanta Motel (246-255) Katzenbach v. [read post]
9 Aug 2022, 8:00 pm by Josh Blackman
[And Congress is poised to fix the "loophole" left by the Supreme Court decision with a bill drafted by the Respondent.] [read post]
7 Oct 2021, 6:00 am by Josh Blackman
[Biden's announcement has a strong ad terrorem effect: the government can get its way without actually doing anything.] [read post]
6 Oct 2023, 3:53 pm by Josh Blackman
["Section Three does not expressly (1) apply to future rebellions or insurrections, (2) apply to persons elected as President of the United States, (3) apply to persons seeking to qualify as a candidate for the Presidency, or (4) indicate whether the enforcement of Section Three requires the passage of enabling legislation. [read post]
12 Jun 2024, 3:40 pm by Josh Blackman
[The purported injury is based on diversion of resources. ] Last week I flagged some of the ironies in that President Biden would soon be sued for enacting a travel ban. [read post]