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20 Nov 2019, 4:50 am by Josh Blackman
Indeed, many "explainers" published on the impeachment process take this outcome for granted, without any skepticism, even in the absence of any on-point judicial authority. [read post]
22 Feb 2022, 11:21 am by Josh Blackman
Although Ortiz's petition does not satisfy this Court's criteria for granting certiorari, I write to emphasize that New York's residential prohibition, as applied to New York City, raises serious constitutional concerns. [read post]
11 Feb 2024, 9:58 am by Josh Blackman
If the Court grants a stay now, and adds the case to the rocket docket with argument in May, it will have to rush through a complicated decision on executive immunity after all of the delegates have been awarded. [read post]
26 Aug 2021, 9:37 pm by Josh Blackman
But the second sentence informs the grant of authority by illustrating the kinds of measures that could be necessary: inspection, fumigation, disinfection, sanitation, pest extermination, and destruction of contaminated animals and articles. [read post]
4 Aug 2023, 1:20 pm by Josh Blackman
According to Pew Research, forty-six states have granted such authority. [read post]
20 Jul 2022, 7:37 pm by Josh Blackman
Granted, the bill does not actually require a state to issue a gay marriage license--only that a state must recognize a gay marriage performed out of state. [read post]
8 Aug 2020, 4:42 pm by Josh Blackman
" But by statute, any federal grant from the DRF must be supplemented by the states: the federal government provides 75% and the states provide 25%. [read post]
4 Oct 2021, 12:02 pm by Josh Blackman
Granted, I was four years old when President Reagan left office, but I struggle to see how Ayer can claim the mantle of the Reagan Revolution. [read post]
19 Sep 2020, 11:32 am by Josh Blackman
Amy Coney Barrett: Seventh Circuit (IN), 48, 11-9, 54-42 Allison Eid: Tenth Circuit (CO), 55, 11-9, 56-41 Britt Grant: Eleventh Circuit (GA), 42, 11-10, 52-44 Barbara Lagoa: Eleventh Circuit (FL), 52, 18-4, 80-15 Joan Larsen: Sixth Circuit (MI), 51, 11-9, 60-38 Martha Pacold: Northern District of Illinois, 41, 18-4, 87-3 Sarah Pitlyk: Eastern District of Missouri, 42, 12-10, 59-44 Allison Jones Rushing: Fourth Circuit (VA), 37, 12-10, 53-44 Margaret Ryan: U.S. [read post]
12 Apr 2024, 11:33 am by Josh Blackman
Imagine that a local planning commission denies the owner of a vacant lot a building permit unless she allows the commission to host its annual holiday party in her backyard (in propertyspeak, granting it a limited-access easement). [read post]
11 Jul 2022, 2:59 pm by Josh Blackman
I described the oral argument in Unprecedented: To illustrate that the Medicaid grant was coercive, Justice Scalia harkened back to "the old Jack Benny thing, 'your money or your life.'" The "your money or your life" bit came from a classic episode of The Jack Benny Show, first aired on March 28, 1948—exactly sixty-four years to the day of the Medicaid oral arguments. [read post]
10 Aug 2023, 8:02 am by Josh Blackman
Any notion that "invasion" somehow hinges on the difference between state actors and non-state actors would seem wholly artificial to the Framers: After all, the Constitution gives Congress power to "grant Letters of Marque and Reprisal" authorizing private actors to cross international borders to commit hostile acts. [read post]
25 Jun 2021, 1:16 pm by Josh Blackman
  As then-Judge Barrett succinctly summarized, "Article III grants federal courts the power to redress harms that defendants cause plaintiffs, not a freewheeling power to hold defendants accountable for legal infractions. [read post]
18 May 2021, 12:44 pm by Josh Blackman
All of this leaves the Supreme Court in a well-informed position to resolve the point by action or inaction—either by granting review and reversing or by leaving the circuit court decisions in place. [read post]
26 Apr 2023, 9:45 pm by Josh Blackman
And publishers routinely grant Supreme Court Justices advances on their royalties in a lump sum, long before the book is even published–or even written. [read post]
9 May 2024, 7:53 pm by Josh Blackman
And, they asserted that RFRA compels the state to grant an exemption for women to have an abortion in those circumstances. [read post]
13 Jun 2022, 10:37 pm by Josh Blackman
Respectfully, I would have dismissed the writ of certiorari as improvidently granted. [read post]
26 Jan 2018, 2:38 am by Lana Ulrich
The Supreme Court recently granted the government’s request to expedite review of the case. [read post]
2 May 2010, 6:20 am by Anna Christensen
Buono, as well as the cert. grant in Schwarzenegger. [read post]