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2 Jul 2021, 11:33 pm
Justice Kavanaugh would have granted the petition. [read post]
2 Jul 2021, 10:27 pm
Courts cannot "rely on 'broadly formulated'" governmental interests, but must"'scrutinize[] the asserted harm of granting specific exemptions to particular religious claimants.'" Ibid. [read post]
2 Jul 2021, 2:49 pm
However, in February 2020, the Court granted Fulton. [read post]
1 Jul 2021, 1:55 pm
(For more background, see these posts by Josh Blackman and Ilya Somin.) [read post]
30 Jun 2021, 3:19 pm
(I suspect Josh Hawley tops that list). [read post]
29 Jun 2021, 4:46 pm
Therefore, he will decline to grant relief. [read post]
29 Jun 2021, 2:55 pm
Garland, which was granted. [read post]
29 Jun 2021, 2:25 pm
Justice Alito dissented, and would have dismissed the writ as improvidently granted. [read post]
28 Jun 2021, 1:13 pm
[Update: Just after posting this, I saw Josh's latest post below.] [read post]
28 Jun 2021, 12:57 pm
But if there was an actual legal question to resolve, the Court should have granted cert. [read post]
28 Jun 2021, 12:06 pm
Justices Thomas and Alito would have granted cert. [read post]
26 Jun 2021, 1:57 pm
Justice Barrett suggests that granting an extension, after the deadline has lapsed, is not actually extension. [read post]
26 Jun 2021, 12:05 am
[In both cases, the Court made up a remedy that none of the parties requested. [read post]
25 Jun 2021, 3:51 pm
In each case, the Court refuses to grant any meaningful relief. [read post]
25 Jun 2021, 1:16 pm
As then-Judge Barrett succinctly summarized, "Article III grants federal courts the power to redress harms that defendants cause plaintiffs, not a freewheeling power to hold defendants accountable for legal infractions. [read post]
24 Jun 2021, 10:22 pm
Here is the closest we get to a summary: Given the many different kinds of off-campus speech, the different potential school-related and circumstance-specific justifications, and the differing extent to which those justifications may call for First Amendment leeway, we can, as a general matter, say little more than this: Taken together, these three features of much off-campus speech mean that the leeway the First Amendment grants to schools in light of their special characteristics is… [read post]
24 Jun 2021, 9:39 pm
The government would only grant that permit if the property owner gave the state an easement. [read post]
20 Jun 2021, 10:37 pm
Fifth, the power to grant exemptions renders the City's interest not compelling. [read post]
20 Jun 2021, 1:19 pm
The Court would have granted review in Small v. [read post]
19 Jun 2021, 1:30 pm
Here is a snippet: We are grateful to the Freedom From Religion Foundation for providing a generous grant that allowed us to recruit some of the most distinguished scholars and thinkers on this subject. [read post]
