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21 Dec 2021, 7:58 am by Gerard Magliocca
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]
20 Jan 2021, 6:46 pm by Gerard Magliocca
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]
28 Apr 2019, 6:14 pm by Gerard Magliocca
Josh Blackman had an interesting post over on Volokh that asks the following question: Does the original public meaning of the Fourteenth Amendment require the census to ask about citizenship? [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 by Paul Horwitz
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 by Howard Bashman
“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 by Gerard Magliocca
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 by Howard Wasserman
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 by Walter Olson
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 by Howard Bashman
“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 by Howard Wasserman
This one in federal court in Texas (HT: Josh Blackman). [read post]
11 Feb 2016, 10:06 am by Howard Wasserman
(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 by Howard Bashman
” 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 by Howard Wasserman
(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 by Vanessa Sauter
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]
25 Jan 2015, 5:55 pm by Howard Wasserman
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]