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18 Sep 2015, 10:01 am
(H/T: Religion Clause Blog and Josh Blackman) Davis never asked the district court for a stay pending appeal, as required by Federal Rule of Appellate Procedure 8(a)(1)(A), and the court of appeals refused to accept "extraordinary doggedness of the district court to expand the Injunction, without jurisdiction or fair notice and opportunity to be hearing" as basis... [read post]
3 Aug 2020, 9:40 am
Josh Blackman sees this as a threat to the institution that the Chief must repair (through some actions that I am not sure the Chief, as "first among equals," can do) or resign. [read post]
4 Jul 2023, 9:25 am
” Josh Blackman has this post at “The Volokh Conspiracy. [read post]
13 Nov 2016, 5:44 pm
" And law professor Josh Blackman has a comment titled "Gridlock. [read post]
19 Nov 2021, 10:31 am
Josh Blackman suggests as a Gedankenexperiment that we eliminate the institution of Supreme Court clerk as it currently exists. [read post]
13 Mar 2024, 11:50 am
“The Judicial Conference Legislates From The Shadow Docket; The Chief Justice and his associates target only one type of forum shopping in response to political criticism through a secret policy that will not be released for months”: Josh Blackman has this post at “The Volokh Conspiracy. [read post]
20 Jan 2022, 6:41 am
To echo a point made by Josh Blackman over at Volokh, I don't understand where the Court gets the authority to declare part of a circuit opinion dicta in an order denying a stay of that circuit judgment. [read post]
8 Apr 2020, 10:09 am
Following on Dan's post about the Tuesday's Texas abortion case and courtesy of Josh Blackman, there is FN 19 of the opinion: Although not necessary to our decision, we note that the district court purported to enjoin GA-09 as to all abortion providers in Texas. [read post]
1 Nov 2013, 4:23 am
It looks as if someone really doesn’t want the Obama administration’s treasured but shaky “housing disparate impact” theory to come under review by the Supreme Court [Josh Blackman on reports of settlement mooting Mount Holly, N.J. case granted certiorari and pending before the Court; earlier on controversial tactics used to moot St. [read post]
20 Feb 2024, 6:56 pm
“A Response to John Mikhail on ‘Officers of the United States’ — Part I; The issues, arguments, and evidence raised by Mikhail has already been addressed by our scholarship; This evidence was not ‘ignored or overlooked’”: Josh Blackman and Seth Barrett Tillman have this post at “The Volokh Conspiracy. [read post]
21 Apr 2022, 5:57 am
This one in federal court in Texas (HT: Josh Blackman). [read post]
11 Feb 2016, 10:06 am
(H/T: Josh Blackman) The complaint stems from a letter Paxton sent to county clerks in the wake of Obergefell, suggesting clerks and justices of the peace may have a religious exemption from issuing licenses or performing marriages to same-sex couples and that they may be able to assert those requests for exemption. [read post]
30 Jul 2023, 5:35 pm
” And at “The Volokh Conspiracy,” Josh Blackman has a post titled “The New SCOTUS Keep-Away Strategy: Post-Cert, Prevailing Party Dismisses Complaint With Prejudice; The Court should reject this gambit in Acheson Hotels, LLC v. [read post]
27 Mar 2019, 11:34 am
Texas that Josh Blackman flagged back in 2017. [read post]
15 Oct 2017, 12:10 pm
(H/T: Josh Blackman) The gist of Judge Leinenweber's defense is that the attorney general's authority does not vary by jurisdiction. [read post]
30 Dec 2017, 10:30 am
Susan Hennessey, Tamara Cofman Wittes and Scott Anderson joined Benjamin Wittes in the Jungle Studio, with Josh Blackman joining from afar, to answer questions on subjects ranging from the Islamic State to presidential pardons. [read post]
4 Feb 2017, 9:21 am
Josh Blackman has a quick analysis, with which I basically agree. [read post]
2 May 2018, 5:49 pm
That was before Josh Blackman at CUNY and the protest/disruption of Christina Sommers at Lewis & Clark. [read post]
25 Jan 2015, 5:55 pm
This time in Alabama (H/T: Josh Blackman), with the pushback coming from the state's probate judges, who are empowered under state law to issue marriage licenses. [read post]
12 Dec 2024, 5:42 pm
And at “The Volokh Conspiracy,” Josh Blackman has a post titled “Making Sense of the 7-1-1-8 Split in Environment Texas Citizen Lobby v. [read post]