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20 Mar 2024, 6:00 am by Josh Blackman
On Monday, the Supreme Court heard oral argument in Murthy v. [read post]
15 Mar 2024, 5:15 pm by Josh Blackman
 For example, if an individual litigant is seeking a declaration that certain agency practices are unconstitutional in proceedings they are involved in, which would have an effect of finding say that an agency's ALJs are unlawfully appointed or insulated from presidential control (such as in Jarkesy v. [read post]
14 Mar 2024, 8:57 pm by Josh Blackman
One of the most thorough analyses of this issue came in Steve Vladeck's amicus brief in United States v. [read post]
13 Mar 2024, 12:54 pm by Josh Blackman
In some regards, this Judicial Conference proposal reminds me of Justice Barrett's well-intentioned but horribly-misguided concurrence in Trump v. [read post]