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6 Nov 2020, 7:26 am by Brietta Clark
Barrett’s appointment to the Supreme Court should not determine the ACA’s fate – at least not in this case – because this should not be a close call. [read post]
4 Nov 2020, 5:36 pm by Amy Howe
Chief Justice John Roberts echoed this point in his questions for Lori Windham, who argued on behalf of CSS. [read post]
3 Nov 2020, 2:04 pm by Amy Howe
Justice Amy Coney Barrett suggested that Jones should have brought a different challenge. [read post]
3 Nov 2020, 12:58 pm by Sam Callahan and Allon Kedem
Chief Justice John Roberts began by asking why the parties had turned immediately to Section 355 without first asking whether Section 231g was itself sufficient to answer the question presented. [read post]
3 Nov 2020, 6:30 am by James Romoser
Federal Election Commission: Due Process, Adverseness, & Article III Standing (Sam Gedge & John Gaelen Wrench, The Federalist Society) SCOTUS motors on with eight as new justice Barrett is confirmed (Daniel Cotter, Chicago Daily Law Bulletin) Preview of the November 2020 Supreme Court Arguments (The George Washington Law Review) Preview of Fulton v. [read post]
3 Nov 2020, 5:42 am
I am grateful to Athul Acharya, Janine Balekdjian, John Hasley, Allie Hemmings, Robert Parker, and Collin Seals for their thoughtful and speedy feedback. [read post]
3 Nov 2020, 5:42 am by bhorton
I am grateful to Athul Acharya, Janine Balekdjian, John Hasley, Allie Hemmings, Robert Parker, and Collin Seals for their thoughtful and speedy feedback. [read post]
2 Nov 2020, 11:34 am by Howard Bashman
And Tyler Olson of Fox News reports that “Barrett speaks in first Supreme Court oral arguments since joining court; Chief Justice John Roberts acknowledged the occasion before arguments began Monday. [read post]
2 Nov 2020, 10:10 am by Eugene Volokh
Doe (Justice Thomas dissented without opinion, and Justice Barrett didn't participate): Petitioner DeRay Mckesson organized a demonstration in Baton Rouge, Louisiana, to protest a shooting by a local police officer. [read post]
Justice Ruth Bader Ginsburg has died, and Amy Coney Barrett is now on the court. [read post]
30 Oct 2020, 9:30 pm by ernst
  John Fabian Witt's American Contagions reviews (NYT). [read post]
29 Oct 2020, 9:05 pm by Alana Sheppard
Senate confirmed Justice Amy Coney Barrett to the U.S. [read post]
29 Oct 2020, 9:02 pm by Neil H. Buchanan
For the past five years, I have been writing columns and giving speeches warning that Donald Trump is an existential threat to constitutional democracy. [read post]
29 Oct 2020, 5:00 pm
By this time, I had read John Locke’s Second Treatise of Government, Hobbes’s Leviathan, Rousseau’s Social Contract. [read post]
29 Oct 2020, 11:30 am by Alexander Ross Perry, Christopher Meyer
This post is the fifth of a five-part series on litigation about mail voting during the 2020 general election. [read post]
28 Oct 2020, 9:01 pm by Vikram David Amar
The elected Arizona legislature (and Chief Justice John Roberts’s dissent), like the Rehnquist concurrence in Bush v. [read post]