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20 Aug 2020, 11:26 am
“To give the victory to the right, not bloody bullets, but peaceful ballots only, are necessary. [read post]
12 Jan 2022, 6:47 am
The Court’s earlier two FOIA decisions—Argus Leader (2019) and Milner (2011)— were far more consequential, however, and I suspect the media would have ignored this case if it had not been Justice Barrett’s first majority opinion. [read post]
29 Oct 2020, 11:30 am
This post is the fifth of a five-part series on litigation about mail voting during the 2020 general election. [read post]
21 Feb 2020, 1:48 pm
Barrett Prettyman Courthouse. [read post]
18 Aug 2021, 10:01 am
Without comment, four justices (Chief Justice John Roberts and Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan) would have kept the moratorium in place; four justices (Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Amy Coney Barrett) indicated they would have vacated the lower court order keeping the moratorium in place; and Justice Brett Kavanaugh wrote in a single paragraph that the CDC “exceeded its existing statutory authority by issuing a nationwide eviction… [read post]
13 Apr 2015, 6:03 am
This post examines an opinion recently issued by a U.S. [read post]
3 Jul 2024, 4:00 am
One problem with this theory is that the current conservatives' hostility to the administrative state predated the super-majority they gained after Justice Barrett replaced Justice Ginsburg. [read post]
6 Nov 2020, 3:50 am
The Barrett hearings made “severability” a household name, as far as legal doctrines go. [read post]
27 Apr 2018, 12:32 pm
Barrett Prettyman Federal Courthouse. [read post]
24 Apr 2023, 5:31 am
The Supreme Court Decision In the Court’s opinion, published on April 19, Justice Brett Kavanaugh wrote for the majority, joined by Chief Justice John Roberts and Justices Clarence Thomas, Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson. [read post]
8 Aug 2024, 11:11 am
[OK, since I got called out by name, note that Elster represents—and Barrett’s concurrence shows that she understands it to represent—a very different approach to the 1A than other cases, including other IP cases, although there’s a surface resemblance to Eldred. [read post]
14 Jul 2024, 6:30 am
For the Balkinization Symposium on Solangel Maldonado, The Architecture of Desire: How the Law Shapes Interracial Intimacy and Perpetuates Inequality (New York University Press, 2024).Rachel F. [read post]
13 Jul 2024, 8:07 pm
Social media platforms, at least in their most common form, have a First Amendment right to curate the third-party speech they select for and recommend to their users, and the government’s ability to manipulate those processes is extremely limited, the U.S. [read post]
5 Mar 2024, 8:13 am
Here are a few preliminary thoughts about the Court’s decision yesterday in Trump v. [read post]
27 Jun 2018, 2:04 pm
Green Tree Servicing, LLC v. [read post]
15 Feb 2024, 3:33 pm
This limitation is based upon what Justice Barrett referred to as a broader “principle of structural preemption,” reflected in the Court’s holdings in landmark decisions such as Tarble’s Case (1871) (a state judge may not issue a writ of habeas corpus for the discharge of a person held by a federal official) and M'Clung v. [read post]
13 Jan 2023, 3:00 am
Second Biden Search Yields Additional Classified Documents MSN – Devlin Barrett, Matt Viser, Tyler Pager, and Perry Stein (Washington Post) | Published: 1/11/2023 President Biden’s personal lawyers discovered a small number of classified documents at the Penn Biden Center for Diplomacy and Global Engagement, an institute Biden started after serving as vice president. [read post]
28 Jun 2008, 11:06 pm
A summary of the peer-reviewed literature relating to the “pros” of raw milk consumption was posted earlier this month. [read post]
16 Jul 2021, 12:00 am
Conservative Member of Parliament (MP) Michael Barrett wrote to ethics commissioner Mario Dion asking he launch an inquiry into the prime minister’s possible involvement in awarding contracts to Data Sciences. [read post]
15 May 2020, 3:00 am
Moves to Drop Case Against Michael Flynn Washington Post – Spencer Hsu, Devlin Barrett, and Matt Zapotosky | Published: 5/7/2020 The U.S. [read post]
