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[Josh Blackman] Former WH Counsel: "I regularly spoke with outside lawyers, particularly law professors, about difficult legal issues."
18 Aug 2021, 8:47 pm by Josh Blackman
["On certain issues, such as national security law, immigration, and constitutional law, I had different 'kitchen cabinets' that I consulted regularly. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] RWU Law Review Symposium, Sponsored by the Freedom from Religion Foundation Foundation, "Made No Attempt to Create a Balanced Symposium."
19 Jun 2021, 1:30 pm by Josh Blackman
["We made no effort to seek out scholars who we thought would answer yes to the question our Symposium poses. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Comparing CJ Roberts's South Bay "Superprecedent" and Justice Kavanaugh's Alabama Non-Precedent
8 Aug 2021, 1:14 pm by Josh Blackman
[Both opinions were the fifth vote to deny a stay. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] KBJ: "I would note that I am pleased to be the sixth woman nominated to serve on the Supreme Court."
1 Apr 2022, 7:34 pm by Josh Blackman
[How quickly we forget about Harriet Miers.] [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Separation of Powers Dispute in South Dakota: Federal Judge Holds U.S. Marshal in Contempt For Refusing To Provide Vaccination Status
15 Jun 2021, 11:56 am by Josh Blackman
[If DOJ won't prosecute DOJ employees, then the judge will appoint a special prosecutor.] [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] The "NO BAN Act" Would Modify The Statutory Regime That Authorized President Trump's Travel Bans
24 Jul 2020, 4:15 pm by Josh Blackman
[This statute would obviate the statutory analysis in Trump v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] District of Columbia Working Group Finds Prominent Abolitionist, James Birney, Has a "Legacy" That Does Not Merit Recognition.
1 Sep 2020, 12:19 pm by Josh Blackman
[DCFaces establishes five grounds for cancellation. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Overruling Roe Would Extinguish A Judicially Created Right, But Would Restore The People's "Precious Right To Govern Themselves"
8 May 2022, 3:02 pm by Josh Blackman
[There is not a single definition of liberty.] [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] President Trump Pardons, Rickey Kanter. Last Year, Judge Barrett Ruled That Kanter Did Not Lose His Second Amendment Rights.
23 Dec 2020, 7:41 pm by Josh Blackman
[A connection between ACB's ruling and Trump's pardon?] [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] "Roberts has also been in the court's majority more than any other justice, at 98 percent of the time."
22 Jun 2020, 3:35 pm by Josh Blackman
[From SCOTUSBlog's Interim Stat Pack] At SCOTUSBlog, Adam Feldman released the interim stat pack. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] New on NRO: "Justice Gorsuch's Half-Way Textualism Surprises and Disappoints in the Title VII Cases"
26 Jun 2020, 9:01 am by Josh Blackman
[Randy Barnett and I explain where Justice Gorsuch went wrong in Bostock] Randy Barnett and I published a new essay in National Review Online, titled "Justice Gorsuch's Half-Way Textualism Surprises and Disappoints in the Title VII Cases. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Why Does (It At Lest Appear That) Justice Barrett Applies "New," "Heightened," and "Elevated" Standing Rules?
27 Jun 2024, 10:11 pm by Josh Blackman
[Justice Barrett adamantly resists the suggestion that she keeps leveling up the burden on plaintiffs, but it is becoming more difficult to deny.] [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] The Top Three Law Reviews Strongly Prefer Articles Under 25,000 Words. But Their Articles Consistently Exceed 25,000 Words.
24 Aug 2021, 6:02 am by Josh Blackman
[Over the past decade, articles in YLJ, HLR, and SLS have averaged 37,582, 35,917, and 31,725 words, respectively.] [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Oral Arguments in Trump v. Anderson Part I: Justice Gorsuch Gets "Officers of the United States"
9 Feb 2024, 9:20 am by Josh Blackman
[Justice Gorsuch demonstrates that he is the Court's most careful, consistent textualist.] [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Why did "sources familiar with the private Supreme Court deliberations" talk to CNN about the Census Case?
12 Sep 2019, 1:18 pm by Josh Blackman
[What do we make of the Department of Commerce leak? [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Justice Thomas's opinion in Little Sisters of the Poor Provides Another Path To Challenge The OSHA Vaccine Mandate
15 Oct 2021, 9:33 pm by Josh Blackman
[Plaintiffs should raise a "constitutional challenge to the breadth of the delegation. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Texas Will Test Whether Kennedy v. Bremerton Abrogated Engel v. Vitale, Stone v. Graham, and Wallace v. Jaffree
23 Apr 2023, 1:08 pm by Josh Blackman
[And good luck challenging the law. [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Cancelling John Marshall: Two Law Schools Named After the Great Chief Justice Consider Dropping His Name
27 Sep 2020, 7:00 am by Josh Blackman
[Told you so.] [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Trump at CPAC: "We're getting some unexpected rulings because the nine justices do not want to be packed"
11 Jul 2021, 8:20 pm by Josh Blackman
[As usual, Trump says the quiet part out loud.] [read post]
The Volokh Conspiracy - http://www.volokh.com/
[Josh Blackman] Justice Breyer Approaches His Retirement Like He Approaches His Judicial Decisions: With An Indeterminate, Multi-Factor Balancing Test
27 Aug 2021, 7:24 am by Josh Blackman
["There are a lot of blurred things there, and there are many considerations. [read post]
The Volokh Conspiracy - http://www.volokh.com/