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10 Sep 2021, 5:16 pm
Today, the Fifth Circuit decided Whole Woman's Health v. [read post]
15 Sep 2021, 9:15 am
[Judge Luttig, as well as Carter Phillips, were affected by gun violence. ] On Monday, I wrote about the amicus brief that Judge Luttig, Carter Phillips, and others filed in the New York Second Amendment case. [read post]
18 Oct 2021, 2:28 pm
[The Acting SG conflates equitable jurisdiction with equitable remedies.] [read post]
1 Dec 2021, 8:59 pm
[Don't get cocky.] [read post]
3 Feb 2020, 5:30 am
I am proud to announce that my colleague James Phillips will begin teaching at the Chapman University Fowler School of Law this fall. [read post]
14 Jul 2020, 5:00 am
[Yick Wo v. [read post]
27 Jan 2021, 2:09 pm
[It's been nearly three months months since my last Court Packing post.] [read post]
12 Feb 2021, 1:10 pm
[The former Second Circuit Obama appointee, who retired during the Trump Presidency, said he "had some role in the appointment of [his] successor. [read post]
3 Mar 2021, 2:33 pm
[Brown v. [read post]
26 Nov 2020, 1:18 am
[But the per curiam opinion stops short of adopting Justice Kavanaugh's "most favored right" framework.] [read post]
28 May 2024, 6:47 pm
[The latest reporting from the New York Times intersections with Free Speech cases. ] Jodi Kantor of the New York Times has a new report that dives deeper into the Alito flag flap. [read post]
16 Jul 2024, 6:01 am
[But she did smuggle in a dictum that echoes Harvard's 2005 amicus brief about expressive activity in the classroom.] [read post]
16 Jul 2024, 5:31 am
[Ambition does not check ambition. [read post]
31 Jul 2024, 5:30 am
The October 2023 Term of FantasySCOTUS finally came to a close. [read post]
9 Jul 2024, 8:00 am
[Even if an erroneous precedent cannot be overruled, isolate the damage, and decline to extend it to new circumstances.] [read post]
[Josh Blackman] Trump v. United States Opines On Whether The Vice President Is a Legislative Officer
9 Jul 2024, 8:00 am
[This issue arose when VP Pence asserted immunity under the Speech or Debate Clause.] [read post]
12 Jul 2024, 5:31 am
[The first in a multi-part series about my recent mission to Israel.] [read post]
11 Jul 2024, 10:39 pm
[A guest post from Professor Rob Natelson] [I am pleased to pass along this guest post from Professor Rob Natelson, a leading originalist scholar whose work is frequently cited in Supreme Court opinions.] [read post]
29 Jul 2024, 5:31 am
[What stuff are the Court's middle three Justices made of?] [read post]
19 Jul 2024, 6:00 am
[Another guest post from Professor Rob Natelson] [I am happy to post this follow-up essay from Professor Rob Natelson]. [read post]
