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22 May 2020, 8:44 pm by Josh Blackman
[Judge Willett concurred: "Singling out houses of worship—and only houses of worship, it seems—cannot possibly be squared with the First Amendment. [read post]
2 Jul 2021, 3:02 pm by Josh Blackman
["In sum, the Bar is engaged in non-germane activities, so compelling the plaintiffs to join it violates their First Amendment rights. [read post]
6 Oct 2021, 9:13 pm by Josh Blackman
[The Fifth Circuit should grant the stay based on the District Court's Ninosplaining of Grupo Mexicano] On Wednesday evening, the Wester District of Texas enjoined S.B. 8 in an 113-page opinion. [read post]
18 Jan 2022, 2:13 pm by Josh Blackman
Recently, Philadelphia Councilman David Oh wrote a letter urging the University of Pennsylvania to review Professor Amy Wax's "role with the university. [read post]
8 Apr 2022, 3:46 pm by Josh Blackman
["Turned loose with lawsuits for damages and injunctions against their teachers as they are here, it is nothing but wishful thinking to imagine that young, immature students will not soon believe it is their right to control the schools. [read post]
24 Feb 2023, 9:10 am by Josh Blackman
["Mike Pence wouldn't listen to me, so let me blast his lawyers in the N.Y. [read post]
24 Sep 2020, 4:27 pm by Josh Blackman
[There are some references to the ACA litigation] In August, President Trump teased a future executive order concerning pre-existing conditions. [read post]
23 May 2024, 10:05 pm by Josh Blackman
[I think Justice Thomas is setting up to find that the Voting Rights Act is unconstitutional, at least with regard to redistricting.] [read post]
10 May 2020, 10:38 am by Josh Blackman
[But that provision did not make the final bill. ] The CARES Act provided subsidies to airlines, on the condition that they not furlough workers, or reduce their rates of pay through September 30. [read post]
18 Sep 2020, 6:00 am by Josh Blackman
[Randy and I are humbled, and honored that so many people have learned about the Constitution from our book.] [read post]
9 Jun 2021, 3:05 pm by Josh Blackman
[We "affirm on the First Amendment claim because there was no great likelihood that some sort of message would be understood by those who viewed Burns's new beachfront mansion"] Yesterday, a divided 11th Circuit panel decided Burns v.Town of Palm Beach. [read post]
16 Nov 2020, 3:50 pm by Josh Blackman
[An adaptation of "You'll be back" from Hamilton] In my very biased opinion, our federal bench and bar in Houston and Galveston is one of the most talented in the nation. [read post]
22 Dec 2020, 7:52 pm by Josh Blackman
[Chrome now blocks download links on How Appealing from insecure court sites. ] Much like people, web sites can be insecure. [read post]
8 Apr 2020, 5:00 am by Josh Blackman
[The statute that authorizes the bump stock regulation lacks a jurisdictional hook] Part I in this series explained that Congress does not have a general police power. [read post]
28 Jun 2022, 5:30 am by Josh Blackman
[I held the essay in reserve, waiting to see what would happen in oral arguments, but decided not to use it.] [read post]