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29 Feb 2024, 3:25 pm
Back in December, after Texas Governor Abbott signed into law an immigration enforcement law, S.B. 4, Josh Blackman and I had dueling posts (Josh's here, mine here) on whether S.B. 4 was preempted by federal law under the Supreme Court's decision in Arizona v. [read post]
14 Mar 2024, 1:11 am
My co-bloggers Josh Blackman and Sam Bray have offered very different reactions to the Judicial Conference's press release about a new policy on forum-shopping. [read post]
27 Jul 2023, 7:28 pm
[Would you let a babysitter take your kids on a two-day road trip to an amusement park without express authorization?] [read post]
2 Dec 2021, 6:52 pm
[No, Lochner was not "about pure laissez faire. [read post]
21 Jul 2022, 3:33 pm
In the wake of Dobbs, the Democratic-controlled House is passing a flurry of bills to "codify" constitutional rights that are not really in jeopardy. [read post]
2 Jul 2024, 8:35 pm
[How will the Board of Immigration Appeals operate in a world without Chevron?] [read post]
18 May 2023, 10:19 am
[Historically, the Court issued opinions on Mondays after oral arguments concluded. [read post]
2 Dec 2021, 7:26 pm
[Justices Breyer, Sotomayor, and Kagan had no difficulty overruling Baker v. [read post]
8 Nov 2023, 8:29 pm
[Will Garland v. [read post]
4 Jul 2023, 10:33 pm
[Is the exclusion of "gender identity disorders" from the ADA based on a "bare desire to harm"?] [read post]
19 Jan 2023, 10:04 pm
Usually at the Supreme Court, the only number that matters is five. [read post]
17 Mar 2024, 6:07 pm
[Rather than addressing bankruptcy and patent forum and judge shopping, on which there is a large bipartisan consensus, the Judicial Conference rushed through a botched proposal in response to political pressure and Twitter noise.] [read post]
25 Feb 2022, 10:02 am
[A consolation prize for the short-list-runner-up?] [read post]
15 Mar 2023, 4:02 pm
[How should SLS squeeze out students who violated the code of conduct?] [read post]
26 Apr 2023, 5:00 am
[Chatbots are a quantum leap from writing aids in the past, like a thesaurus, word processing, and spell check.] [read post]
19 Jun 2023, 8:56 pm
[Three decades later, the George H.W. [read post]
28 Jun 2024, 8:03 am
[Monday, Monday, Monday! [read post]
28 Jul 2022, 5:30 am
[Justice Breyer, whether he admits it or, should recognize how Dobbs reinvigorated the legislative process on abortion.] [read post]
23 Jan 2023, 3:48 pm
[I am grateful I have not spent the last three dreadful years on Twitter.] [read post]
3 Mar 2023, 9:25 pm
[Does DOJ actually agree with "a couple of law professors beating a drum on Twitter"? [read post]