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11 Jul 2022, 9:25 am
During the October 2021 Term, each Justices authored between five and eight majority opinions. [read post]
20 Aug 2022, 12:54 pm
[Judge Smith dissents from the denial of rehearing, and Judge Ho concurs.] [read post]
22 Feb 2021, 2:49 pm
[Ward v. [read post]
29 Jul 2021, 7:47 pm
["The United States intends to pursue all appropriate legal remedies to ensure that Texas does not interfere with the functions of the federal government. [read post]
8 Nov 2019, 4:02 am
[Randy Barnett and I will be signing books at the Heritage Foundation and the Federalist Society National Lawyers Convention] On 11/13/19 at noon, Randy Barnett and I will be giving a book talk on "100 Supreme Court Cases" at the Heritage Foundation. [read post]
4 Dec 2020, 1:38 pm
[Justice Alito effectively denies Pennsylvania emergency appeal by calling for response after Electoral Count Act "Safe Harbor Date"] Generally, the Circuit Justice plays a minimalist role. [read post]
7 Jan 2021, 3:01 pm
["An apparent compromise of the confidentiality of the CM/ECF system due to these discovered vulnerabilities currently is under investigation"] Yesterday, the Administrative Office (AO) of the U.S. [read post]
2 Apr 2021, 6:00 am
[The teams will compete in the first round on April 10 and 11.] [read post]
8 Jun 2021, 5:59 pm
[“I wasn’t comfortable giving [Taney's] words to my students because I was afraid it would hurt them and destroy the kind of community I want to foster in class. [read post]
20 Feb 2020, 3:03 pm
[Sunstein's two proposals would conflict with the Morrison v. [read post]
28 May 2020, 7:44 am
[Professor McGinnis worries that "some justices who might be thought to harbor originalist sympathies openly appealed to consequentialist arguments"] Earlier this month, the Supreme Court heard oral argument in the so-called "faithless electors" cases, Chiafalo v. [read post]
8 Dec 2020, 12:41 pm
[There is no option to pay a fine rather than receiving the vaccination.] [read post]
14 Sep 2020, 4:06 pm
[I am working on a long article on the 1st, 2nd, and 14th Amendment rights during the pandemic. [read post]
5 Feb 2021, 11:56 pm
[The Court is badly fractured, as Justice Barrett writes her first separate writing. ] Around 10:45 PM ET on Friday evening, the Supreme Court decided South Bay United Pentecostal Church v. [read post]
31 Mar 2021, 2:46 pm
[Masterpiece Cakeshop, Lady of Guadalupe & Sawada v. [read post]
6 Apr 2020, 5:00 am
[What is the source of the federal government's "police power" to "take" property without "just compensation"?] [read post]
[Josh Blackman] The PROMESA Board Members Are Not "Officers of the United States." So What Are They?
10 Jun 2020, 11:31 am
[Article IV territorial officers hold “Office[s] under the Authority of the United States,” and are bound by the Sinecure Clause.] [read post]
16 Jun 2020, 5:45 am
[The per curiam majority and the dissent disagreed on many facts that would have benefited from argument.] [read post]
26 Jun 2020, 4:00 am
6/26/2003: Justice Kennedy writes the majority opinion in Lawrence v. [read post]
19 Apr 2021, 2:01 pm
[I am skeptical about a Justice who writes a book before writing a significant majority opinion. ] Three of the last four Justices have secured lucrative book deals. [read post]