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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]
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]
21 Dec 2021, 7:58 am
On that point, I want to present some new research that is part of a fun conversation I've been having with Josh Blackman and Seth Tillman. [read post]
26 Feb 2021, 5:58 am
When Twitter banned Donald Trump in early January, I discussed (from a conversation with Josh Blackman) whether the Knight First Amendment Institute lawsuit was mooted by Trump being off Twitter, if not by the fact that he was certain to leave office on January 20. [read post]
20 Jan 2021, 6:46 pm
Josh Blackman and Seth Tillman have written a thoughtful post laying out one of the issues that will be debated if Section Three of the Fourteenth Amendment is ever invoked against ex-President Trump: Is the President an "officer of the United States" as required by Section Three? [read post]
6 Sep 2021, 11:43 am
Josh Blackman and David Garrow (Garrow's op-ed is behind a Houston Chronicle paywall, but the linked Faculty Lounge post quotes the key paragraphs) both tell Griswold's story and suggest that some abortion provider or... [read post]
23 May 2020, 11:37 am
Josh Blackman lays out what a day in the life of a law student will look like this fall--he is correct and it is not pretty. [read post]
4 Jul 2023, 9:25 am
” Josh Blackman has this post at “The Volokh Conspiracy. [read post]
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]
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]
16 Dec 2015, 5:44 pm
" Via Josh Blackman, you can access the amicus brief of the United States at this link. [read post]
9 Feb 2024, 10:34 am
” Josh Blackman has this post at “The Volokh Conspiracy. [read post]
15 Jun 2017, 7:36 am
First, we saw the hints of this in the marriage-equality litigation, particularly with respect to decisions to stay (or usually not stay) injunctions, as Josh Blackman and I described. [read post]
20 Mar 2024, 6:34 pm
” Josh Blackman has this post at “The Volokh Conspiracy. [read post]
12 Mar 2023, 7:00 pm
And at “The Volokh Conspiracy,” Josh Blackman has a post titled “Deep in the Heart of Amarillo. [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]
27 Mar 2019, 11:34 am
Texas that Josh Blackman flagged back in 2017. [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]
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]
11 Jan 2018, 11:51 am
The indefatigable Josh Blackman wrote up a quick legal analysis for the... [read post]
