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8 Feb 2021, 11:05 am by Josh Blackman
I ultimately did not answer this question, but said the question was open under Walter Nixon v. [read post]
7 Feb 2021, 1:01 pm by Josh Blackman
[This post was co-authored by Josh Blackman and Seth Barrett Tillman] On Thursday, February 4, 2021, we discussed the First Amendment arguments in the House of Representatives' Managers' trial memorandum. [read post]
6 Feb 2021, 10:35 am by Josh Blackman
Presumably, some of the signatories agree with me and my colleague Seth Barrett Tillman that the First Amendment does apply–or at least has some relevance–to impeachment proceedings. [read post]
5 Feb 2021, 11:56 pm by Josh Blackman
[The Court is badly fractured, as Justice Barrett writes her first separate writing. ] Around 10:45 PM ET on Friday evening, the Supreme Court decided South Bay United Pentecostal Church v. [read post]
3 Feb 2021, 3:00 pm by Josh Blackman
[This post was co-authored by Josh Blackman and Seth Barrett Tillman] Introduction. [read post]
21 Jan 2021, 12:54 pm by John Elwood
Because of her prior participation in the Wolf case, Barrett is expected to recuse herself from consideration of it. [read post]
18 Jan 2021, 5:00 am by Josh Blackman
Cited in 'People Are Pissed': Pass/Fail Grading Controversy Roils Law Schools, Law.com (Mar. 25, 2020). [read post]
15 Jan 2021, 5:50 pm by Florian Mueller
Justice Barrett is new, but Justices Gorsuch and Kavanaugh have been serving on the SCOTUS for some time already and they're going to look at the issue, not the party. [read post]