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20 Feb 2024, 2:16 pm
Trump prioritized this argument in his briefs to the Court, drawing primarily on the scholarship of Seth Barrett Tillman and his co-author, Josh Blackman. [read post]
SCOTUS Repeated Relisting of a Case on the Meaning of Race Neutrality--and a Plug for my new Article
19 Feb 2024, 4:00 am
Although they could no longer consider an applicant's race per se, they could give weight in evaluating admissions essays to an "applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise. [read post]
15 Feb 2024, 3:33 pm
This limitation is based upon what Justice Barrett referred to as a broader “principle of structural preemption,” reflected in the Court’s holdings in landmark decisions such as Tarble’s Case (1871) (a state judge may not issue a writ of habeas corpus for the discharge of a person held by a federal official) and M'Clung v. [read post]
12 Feb 2024, 9:51 am
” When Murray labeled such potential rulings as “potential frivolous applications of a constitutional provision,” Roberts responded sharply. [read post]
9 Feb 2024, 7:24 am
The overall result of these applications is that the Board appears to be much more legally restrained in its ability to regulate the railroads than is commonly understood. [read post]
9 Feb 2024, 3:00 am
That June meeting came weeks before an application was filed to buy trust land from the Arizona State Land Department under Hobbs’ oversight. [read post]
6 Feb 2024, 3:36 pm
As I explained in one of my earlier posts, several or all of the Justices might be inclined to decide the case on some ground that doesn’t require the Court to decide whether Donald Trump is eligible to be President, if such an “off-ramp” solution is legally available. [read post]
4 Feb 2024, 1:01 pm
[This post is co-authored with Professor Seth Barrett Tillman] Since the outset of the Section 3 litigation, those seeking to disqualify Trump from the ballot have made two primary arguments concerning the Appointments Clause. [read post]
29 Jan 2024, 10:46 am
Article IV, Sec. 4: The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. [read post]
28 Jan 2024, 8:49 pm
Early in 2021, overwhelming majorities of both the U.S. [read post]
18 Jan 2024, 11:11 pm
[This post is co-authored with Professor Seth Barrett Tillman] Trump v. [read post]
18 Jan 2024, 3:45 am
” Justice Barrett asked, adding, “Isn’t it inviting a flood of litigation? [read post]
16 Jan 2024, 5:20 am
The defendant prevailed at trial, and applicant’s claim was dismissed. [read post]
13 Jan 2024, 4:31 pm
CLD Summer Internship Applications Now Open.The Centre for Law and Democracy (CLD), a human rights organization based in the Canadian province of Nova Scotia, will welcome law students and recent graduates as summer 2024 interns. [read post]
12 Jan 2024, 3:00 am
Judges Skeptical That Trump Is Immune from Jan. 6 Prosecution MSN – Rachel Weiner, Spencer Hsu, Perry Stein, and Devlin Barrett (Washington Post) | Published: 1/9/2024 A panel of three federal appellate judges expressed skepticism about Donald Trump’s claim to sweeping immunity from criminal prosecution and concerns about its implications, suggesting it would allow a future president to have a political rival assassinated by the military without repercussions. [read post]
9 Jan 2024, 8:24 am
The Barrett v. [read post]
5 Jan 2024, 9:05 pm
Sunstein characterizes the second approach, advanced by Justice Barrett, as a less-imposing, primarily textualist doctrine. [read post]
4 Jan 2024, 12:50 pm
Worley] [This post is co-authored with Seth Barrett Tillman] Recently, James Heilpern and Michael T. [read post]
3 Jan 2024, 4:00 am
Amy Coney Barrett worked on the briefing for Bush v. [read post]
15 Dec 2023, 4:16 pm
In a one-page order the Supreme Court stated, “The application for a writ of injunction pending certiorari presented to Justice Barrett and by her referred to the Court is denied. [read post]
