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19 May 2020, 3:57 pm
[A Harvard Law Review Note argues that judicial restraint is an "originalist value"] The Harvard Law Review published an unsigned student note on Young v. [read post]
14 Jan 2021, 11:35 am
[This post is co-authored with Seth Barrett Tillman.] [read post]
10 Sep 2021, 10:18 pm
[There are several elements of the panel's decision that cast doubt on DOJ's case. [read post]
2 Jun 2024, 6:43 pm
[Professor Susan Sullivan doesn't even list Alito's name on her biography, and clerked for Judge Alito when Casey was argued.] [read post]
6 Mar 2024, 1:52 pm
[Last week I spoke at UT about the case before it was decided. [read post]
20 May 2022, 9:36 am
[Justice Thomas waxed nostalgically about the Rehnquist Court. [read post]
22 Jun 2021, 9:29 am
[An overview of the COVID-19 litigation concerning the Right to Keep and Bear Arms] Recently, the Harvard Journal of Law & Public Policy published my article, The "Essential" Free Exercise Clause. [read post]
21 Jul 2021, 6:01 am
[Seth Barrett Tillman and I have planned a ten-part series that will explain the original public meaning of twelve clauses of the Constitution that refer to six categories of offices and officers.] [read post]
5 Nov 2021, 12:58 pm
[Red states in blue circuits look elsewhere. ] So far, there have been four primary suits filed by Attorneys General agains the OSHA vaccine mandate. [read post]
8 Aug 2020, 10:28 pm
[42 U.S.C. 5174(e)(2): "The President, in consultation with the Governor of a State, may provide financial assistance" to "an individual or household in the State who is adversely affected by a major disaster" to address "other necessary expenses or serious needs resulting from the major disaster. [read post]
13 Aug 2020, 11:22 am
[I teach on Mondays and Wednesdays. [read post]
20 Aug 2020, 10:50 am
[Arrange students in "virtual auditorium," live captions, and class is automatically transcribed.] [read post]
21 Sep 2020, 5:45 am
[The last "one-on-one session in her chambers" came in January.] [read post]
6 Feb 2021, 10:35 am
[This letter is not unanimous. [read post]
2 May 2022, 9:43 pm
[Once again, the "fatal conceit" of the long game becomes clear.] [read post]
19 Jan 2022, 8:53 pm
[In FEC v. [read post]
3 May 2022, 6:19 am
["Yet I have little doubt as to the inherent power of the Court to protect the confidentiality of its internal operations by whatever judicial measures may be required. [read post]
22 Oct 2023, 12:07 pm
[Forthcoming in the Texas Review of Law & Politics circa March 2024.] [read post]
17 May 2021, 4:00 pm
[In cases concerning guns and abortion, the Court has restricted the questions presented, perhaps, to achieve moderation.] [read post]
14 Jul 2021, 1:24 pm
["If I'd known I was going to live so long, I would've never given up smoking and drinking. [read post]
