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25 Mar 2024, 12:30 pm
The Supreme Court did not grant a stay of the D.C. [read post]
22 Mar 2024, 9:33 am
Tillman challenges orthodoxies, things that people took for granted," Blackman explained to me. [read post]
22 Mar 2024, 4:00 am
National/Federal Supreme Court Rules Public Officials Can Sometimes Be Sued for Blocking Critics on Social Media Associated Press News – Mark Sherman | Published: 3/14/2024 A unanimous Supreme Court ruled public officials can sometimes be sued for blocking their critics on social media. [read post]
20 Mar 2024, 7:57 am
I suspect the writing is on the wall, and this panel will not grant a stay pending appeal. [read post]
19 Mar 2024, 9:11 pm
Judge Graves, an Obama appointee, voted to grant a stay in two of them. [read post]
[Josh Blackman] The Sequel to Doe v. Mills: Justice Barrett Tightens The Screws On The Shadow Docket
19 Mar 2024, 2:10 pm
Thus, for example, judges have cited the underlying merits as a reason to grant an administrative stay. [read post]
18 Mar 2024, 10:06 am
Based upon this emergency taxing power, Cincinnati income tax was imposed on Josh Schaad’s wages while he worked outside the city during 2020. [read post]
16 Mar 2024, 6:35 pm
Granted, Bay Area traffic is dreadful, but is easy enough to travel between these posts–even by public transit. [read post]
15 Mar 2024, 12:30 pm
Mother can't show that, so immunity granted. [read post]
14 Mar 2024, 9:52 pm
But the assignment of cases does not rely on the general grant in Section 2071, but instead invokes an express delegation of power in Section 137. [read post]
8 Mar 2024, 3:00 am
Arizona – Arizona’s Trump Electors Subpoenaed in Grand Jury Investigation MSN – Yvonne Wingett Sanchez and Josh Dawsey (Washington Post) | Published: 3/6/2024 A grand jury issued subpoenas to Republicans who took part in the attempt to overturn the 2020 presidential election by signing and transmitting paperwork that falsely purported to show Donald Trump had won Arizona’s 11 electoral votes. [read post]
5 Mar 2024, 8:13 am
Here are a few preliminary thoughts about the Court’s decision yesterday in Trump v. [read post]
29 Feb 2024, 4:30 am
The Amendment officially overturned the notorious Dred Scott decision and was designed to grant citizenship and ensure equal protection under the law for recently freed slaves. [read post]
19 Feb 2024, 8:57 am
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]
19 Feb 2024, 8:14 am
[Justice Kavanaugh was right. [read post]
11 Feb 2024, 9:58 am
If the Court grants a stay now, and adds the case to the rocket docket with argument in May, it will have to rush through a complicated decision on executive immunity after all of the delegates have been awarded. [read post]
8 Feb 2024, 9:36 am
"There is little doubt that he would have been assassinated if he had attempted to travel openly throughout his journey," President Grant reckoned in his famous memoirs.[3] In a nutshell: Unionists feared that secessionists would storm the Capitol on February 13, 1861.[4] On that day—the equivalent of January 6, 2021—Congress would count the president-elect's electoral votes. [read post]
7 Feb 2024, 7:47 pm
Debate on Section 3—Josh Blackman & Will Baude, Chicago Federalist Society Chapter (1/17/24). [read post]
4 Feb 2024, 8:53 pm
Anderson, the Respondents’ Theory Would Render Unconstitutional Every Speaker and President Pro Tempore Since 1789, as Well as President Grant’s VP and Presidential Candidate George McGovern; Justice Scalia erred because there are no ‘Officers of the United States’ appointed outside Article II, Section II”: Josh Blackman and Seth Barrett Tillman have this post at “The Volokh Conspiracy. [read post]
4 Feb 2024, 1:01 pm
See Josh Blackman & Seth Barrett Tillman, Offices and Officers of the Constitution, Part II: The Four Approaches, 61 South Texas Law Review 321, 421 (2022) (concluding that the Speaker and Senate President Pro Tempore are "Officers" for purposes of the Succession Clause, and can succeed to the presidency.) [read post]