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5 Jan 2022, 11:20 am
UPDATE: I put up this post before noticing that co-bloggers Keith Whittington and Jonathan Adler have also highlighted the Washington Post op ed. [read post]
5 Jan 2022, 9:55 am
Update: I see co-blogger Jonathan Adler beat me to the punch. [read post]
5 Jan 2022, 9:52 am
[There are not many subjects on which Professors McConnell, Pildes, Foley and Smith agree.] [read post]
30 Dec 2021, 5:00 am
This case, however, bordered on the frivolous even according to people like Professor Jonathan Adler, a strong opponent of the law. [read post]
20 Dec 2021, 7:09 am
COVID-19 vaccine mandate revived, Supreme Court showdown looms (Tom Hals & Mike Scarcella, Reuters) Thoughts on Sixth Circuit OSHA Vax-or-Test Mandate Stay Decision and What Comes Next (Updated) (Jonathan H. [read post]
20 Dec 2021, 6:14 am
And at “The Volokh Conspiracy,” Jonathan H. [read post]
19 Dec 2021, 5:19 pm
[The Biden Administration is off to a fast start nominating and appointing federal judges, but will this continue?] [read post]
18 Dec 2021, 12:10 pm
[The question of whether to stay the BIden Administration rule requiring large employers to mandate vaccinations or testing is now before the Supreme Court.] [read post]
17 Dec 2021, 3:23 pm
[The consequences of failing to preserve issues for appellate review.] [read post]
17 Dec 2021, 3:05 pm
[The Supreme Court has asked for responses to the federal government's stay request.] [read post]
17 Dec 2021, 2:23 pm
[My review of Philip Hamburger's new book, Purchasing Submission.] [read post]
16 Dec 2021, 6:37 pm
[The Biden Administration is seeking to stay lower court injunctions against the mandate.] [read post]
15 Dec 2021, 4:58 pm
And in other coverage, at “The Volokh Conspiracy,” Jonathan H. [read post]
15 Dec 2021, 11:37 am
[The district court's justification for a nationwide injunction was decidedly lacking.] [read post]
15 Dec 2021, 10:33 am
[A majority of judges on the court did not vote in favor of the petitions for initial hearing en banc, so the challenge will be heard by a three-judge panel] (Note: This post has been updated with excerpts from the opinions.) [read post]
13 Dec 2021, 6:52 am
[The justices show little interest in vaping regulation on the shadow docket, but may yet review the FDA's behavior in the regular course.] [read post]
12 Dec 2021, 6:19 am
[In response to the Supreme Court's ruling largely precluding pre-enforcement challenge of the Texas abortion law, Governor Newsom calls for similar action on guns.] [read post]
10 Dec 2021, 5:01 pm
Jonathan Adler describes this as a "slim pathway. [read post]
10 Dec 2021, 7:29 am
[The private litigation against some defendants may proceed, but the federal lawsuit is gone.] [read post]
9 Dec 2021, 2:14 pm
[Will the Supreme Court step in? [read post]
