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26 Jun 2017, 12:24 pm by Peter Margulies
Or it might be a reflection of a view held by a majority of Justices that the Establishment Clause is a vehicle ill-equipped for traversing the shifting landscape of foreign affairs (see Josh Blackman’s post here). [read post]
25 Jul 2020, 12:21 am by Josh Blackman
Justices Thomas, Alito, Gorsuch and Kavanaugh dissented, and would have granted the injunction. [read post]
17 Dec 2020, 11:10 pm by Josh Blackman
The Court is there-fore reluctant to grant relief that, at this point, would have little practical effect. [read post]
24 Apr 2023, 6:28 pm by Josh Blackman
Today, the Harlan Institute and Ashbrook hosted the championship round for our virtual Supreme Court competition. [read post]
1 Aug 2020, 11:00 am by Josh Blackman
However, New York repealed the statute after certiorari was granted. [read post]
25 Jun 2023, 10:14 pm by Josh Blackman
" Justice Barrett explains why: Second, even granting the broad principle the Court takes from Linda R. [read post]
28 Dec 2020, 11:58 am by Josh Blackman
[The panel reviews Governor Cuomo's order with strict scrutiny, declares it unconstitutional.] [read post]
10 Apr 2023, 5:00 am by Josh Blackman
 And what I did is the rough equivalent – sorry Randy and Josh – to having office hours with the author of a constitutional treatise. [read post]
20 Apr 2023, 5:30 am by Josh Blackman
With what rights, privileges, or immunities did this grant from the nation invest them? [read post]
9 Oct 2021, 11:57 am by Josh Blackman
Again, "implied statutory limitations" foreclose suits by the House and suits that implicate a governmental privilege; this one checks both boxes, so Congress itself has precluded us from granting the requested relief to the Committee. [read post]
26 Oct 2023, 2:31 pm by Josh Blackman
And, you know, we can't sort of keep granting cert and having it constantly being mooted with never a determination of whether there's standing in those variety of cases. [read post]
28 Jun 2021, 12:57 pm by Josh Blackman
But if there was an actual legal question to resolve, the Court should have granted cert. [read post]