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16 Nov 2023, 4:35 am
Signup to receive the Early Edition in your inbox here. [read post]
15 Jul 2024, 9:01 pm
Justice Barrett’s majority opinion rejected the more stringent measure as contrary to the federal statute of limitations, upending precedent in the D.C. [read post]
15 Jul 2024, 9:00 pm
Justice Amy Coney Barrett did not participate. [read post]
2 Aug 2024, 1:51 pm
Justice Barrett, writing for the Court, reversed the dismissal, reasoning that “[a]n APA plaintiff does not have a complete and present cause of action until she suffers an injury from final agency action, so the statute of limitations does not begin to run until she is injured”. [read post]
1 Aug 2024, 2:43 pm
Even under Justice Barrett's conception of immunity, the denial of immunity would trigger an interlocutory appeal. [read post]
16 Jul 2024, 9:01 pm
Chief Justice Roberts authored the majority opinion, in which Justice Thomas, Justice Alito, Justice Gorsuch, Justice Kavanaugh, and Justice Barrett joined. [read post]
15 Jul 2024, 5:31 am
As even Justice Barrett will tell you, if a party is not likely to win at the end of the day, there are very strong reasons to not grant any interim relief. [read post]
15 Jul 2024, 9:57 am
Justice Kagan authored the opinion of the Court, joined in full by Justices Sotomayor, Kavanaugh, Barrett, and Jackson. [read post]
9 Oct 2024, 2:16 pm
Justice Amy Coney Barrett, however, questioned that approach, countering that she was “wondering what the right sample size is. [read post]
15 Jun 2019, 8:00 am
For the symposium on Ken Kersch, Conservatives and the Constitution (Cambridge University Press, 2019).Ken I. [read post]
19 Jan 2021, 1:18 pm
It seems likely that if and when President Trump is put on trial in the Senate for high crimes and misdemeanors, his lawyers will argue that the president was exercising his First Amendment right to free speech in the weeks after the election—and, as a consequence, his words cannot form the basis of an impeachable offense. [read post]
16 Jan 2024, 5:20 am
By Hon. [read post]
25 Jun 2024, 3:07 pm
The Supreme Court decided Smith v. [read post]
11 Jun 2021, 9:53 am
Writing for the majority, Justice Amy Coney Barrett correctly, in our view, struck down the “broad” view of the CFAA in a 6-3 vote. [read post]
7 Oct 2022, 5:01 am
On Oct. 5, the Fifth Circuit held in Texas v. [read post]
15 Feb 2018, 10:00 am
As my colleague Seth Barrett Tillman and I explained on the Volokh Conspiracy (Parts 6, 7, and 8), our official-versus-individual capacity argument is likely the only thing standing between President Trump and a discovery order. [read post]
29 Dec 2021, 7:52 am
Pix Credit: Adam Klasfeld, "Derek Chauvin and Three Other Ex-Officers Plead Not Guilty to Civil Rights Charges in George Floyd's Death," Law & Crime (14 Sept 2021) Eyo Olokun masquerades at the Eyo Festival in Lagos, Nigeria For the last several years, and with no particular purpose other than a desire to meander through reflection, I have taken the period between Christmas and New Years Eve to produce a s summary of the slice of the year to which I paid attention… [read post]
20 Oct 2020, 12:25 pm
Any such litigation, of course, is likely to ultimately end with the Supreme Court, where the confirmation of Amy Coney Barrett—and her decision as to whether she is obligated to recuse herself from 2020 election matters—may prove instrumental in determining the outcome. [read post]
4 Oct 2022, 9:11 am
Barrett Prettyman courthouse, squeezed between a federal prosecutor and defense counsel for a far-right paramilitary leader. [read post]
7 Aug 2018, 3:39 pm
Barrett's book Glock: The Rise of America's Gun, the company aimed its initial promotions at the law enforcement market. [read post]
