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2 Jul 2023, 7:25 pm by Josh Blackman
[As the unelected judiciary becomes depoliticized, the elected judiciary becomes more politicized. ] In recent years, the Supreme Court of the United States has devolved several important decisions to the states–or more precisely, the state Supreme Courts. [read post]
2 Jul 2023, 1:53 pm by Josh Blackman
Josh Blackman, a law professor at South Texas College of Law Houston, said the critique had force from a conservative perspective, and he questioned the adequacy of the Trump administration's vetting process, which relied on lists of potential nominees compiled by lawyers with ties to conservative legal groups like the Federalist Society and the Heritage Foundation. [read post]
27 Jun 2023, 10:54 pm by Josh Blackman
[This opinion continues a trend where the Court faults lawyers for making certain arguments, not making other arguments. ] In Brackeen, Justice Barrett repeatedly faulted counsel for Texas and the adopting families. [read post]
27 Jun 2023, 10:04 pm by Josh Blackman
[Chief Justice Roberts, and regrettably Justice Barrett, keep the case alive by succumbing to the writ of erasure fallacy.] [read post]
26 Jun 2023, 9:18 pm by Ilya Somin
  In a recent post, co-blogger Josh Blackman notes that Supreme Court Justice Neil Gorsuch has never ruled against Indian tribes or their members since getting on the Court in 2017. [read post]
25 Jun 2023, 10:53 pm by Josh Blackman
[The landmark environmental decision may have already been abandoned.] [read post]