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27 Apr 2020, 1:57 pm by Josh Blackman
[Congratulations to Jessica Livsey, my research assistant, for her tireless work] I am very proud of Jessica Livsey, my former student and research assistant. [read post]
25 Aug 2020, 12:37 pm by Josh Blackman
[As far as I am aware, the Texas SG is the first litigant to seek en banc review of an interim panel order.] [read post]
15 Dec 2020, 12:51 pm by Josh Blackman
[The panel instructed the district court to "preliminarily enjoin the State from imposing attendance limitations on in-person services in houses of worship that are less favorable than 25% of the fire-code capacity. [read post]
7 Aug 2020, 3:45 pm by Josh Blackman
[Justice Wiemer said he did not need to recuse, or disclose the fact that his daughter was scheduled to take the bar exam.] [read post]
10 Feb 2020, 5:08 pm by Josh Blackman
[The suit alleges violations of the Dormant Commerce Clause, the Privileges and Immunities Clause, and the Equal Protection Clause] Today, Texas Attorney General Ken Paxton filed a suit against California in the Supreme Court's original jurisdiction. [read post]
31 Mar 2020, 3:22 pm by Josh Blackman
["The Court will allow the federal government to try again and explain which enumerated power justifies the federal regulation and whether it allows a taking without compensation. [read post]
17 Feb 2022, 10:06 am by Josh Blackman
["A previous version of this story imprecisely referred to Justice Clarence Thomas’s opinions as often reflecting the thinking of White conservatives, rather than conservatives broadly. [read post]
8 Feb 2018, 12:04 pm by Josh Blackman
Throughout the Emoluments Clauses litigation (See Parts 1, 2, 3, 4, and 5), we have argued in amicus briefs filed with federal district courts in New York, the District of Columbia, and Maryland: that the complaints were each filed against the President exclusively in his "official" capacity, but the conduct plaintiffs are complaining about is not "official" conduct. [read post]
13 May 2021, 9:34 pm by Josh Blackman
["But squint again at the story of Kavanaugh's rise, and a different picture might come into view: a credential-obsessed meritocrat who's spent his life sweatily striving for power without any grounding in conviction or principle. [read post]
22 Mar 2022, 5:23 am by Josh Blackman
["Jackson’s experience gives her a perspective into every facet of the process: selection by the president, preparation before the so-called murder boards, meeting with senators and enduring the hearings. [read post]
6 Apr 2021, 12:34 am by Josh Blackman
[Justice Thomas highlighted an under-appreciated aspect of Justice John Marshall Harlan's dissent] Justice Thomas concurred in the Court's denial of cert in Biden (formerly Trump) v. [read post]