Search for: "Josh Blackman"
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21 Dec 2021, 9:12 pm
[Under "intense pressure," Attorney General Garland asks OLC to reconsider its views. ] During the pandemic, the Bureau of Prisons placed about 4,000 prisoners on home confinement to prevent the spread of COVID-19. [read post]
26 Jun 2022, 10:40 pm
[A new framework for originalist judging.] [read post]
22 Mar 2024, 8:38 am
[At most, Smith’s temporary position is properly characterized as a mere “employee. [read post]
26 Apr 2021, 8:50 am
[Why did the Court rewrite the question presented in this Second Amendment case?] [read post]
25 May 2021, 3:18 pm
["Accordingly, were there no constitutional barrier, we would recommend, under the Principles of Federal Prosecution, that you decline to commence such a prosecution. [read post]
30 Oct 2019, 1:00 pm
[The ABA's report about Lawrence VanDyke included a claim that is, at best, misleading] President Trump nominated Lawrence VanDyke to the Ninth Circuit. [read post]
9 Apr 2020, 5:00 am
[Eight 5th Circuit judges already found that 18 U.S.C. 922(o) would be unconstitutional with respect to the local possession of bump stocks] Part I in this series explained that Congress does not have a general police power. [read post]
29 Jul 2020, 9:31 pm
[Justices Breyer and Kagan flex their moderate muscles to narrow Guadalupe and Little Sisters, but cannot persuade the stubborn Chief Justice on Espinoza ] We are now about seven hours away from the fourth installment in Joan Biskupic's series about leaks from the Supreme Court. [read post]
19 Apr 2021, 2:23 pm
[NYS Rifle and Pistol and Rogers v. [read post]
26 Mar 2022, 3:38 pm
[Kavanuagh's concerns about the "compelling interest" test in RLUIPA do not bode well from him restoring that test to Free Exercise Clause jurisprudence.] [read post]
26 Jul 2022, 12:48 pm
Here we are, one month after Dobbs. [read post]
27 Jul 2022, 9:47 am
[SCOTUS dodged this issue in Little Sisters of the Poor, but W.V. v. [read post]
13 Jun 2023, 1:00 pm
["Of particular interest are historical gun regulations applicable to intoxicated or impaired individuals. [read post]
2 Jul 2023, 7:25 pm
[As the unelected judiciary becomes depoliticized, the elected judiciary becomes more politicized. ] In recent years, the Supreme Court of the United States has devolved several important decisions to the states–or more precisely, the state Supreme Courts. [read post]
17 Nov 2021, 7:52 am
[Polling data reveals people have no clue what Roe and Casey actually say.] [read post]
17 May 2020, 5:00 pm
[Thank you to Juges Costa and Willett and Justice Guzman. [read post]
17 Sep 2021, 4:00 am
[A constitutional throwback to 2013.] [read post]
11 Feb 2022, 11:24 am
[It isn't obvious which way the President should go here.] [read post]
25 Apr 2022, 8:08 pm
[Will the Supreme Court finally overrule the Lemon test?] [read post]
4 Jul 2023, 3:15 pm
[The majority and dissent state the quiet part out loud: affirmative action was never about the educational benefits from diversity.] [read post]
