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3 Jul 2023, 9:22 pm by Josh Blackman
["The brave Justices who once sat on this Court decisively rejected those claims. [read post]
3 Jul 2023, 8:52 pm by Josh Blackman
[The importance of the trial records in Students for Fair Admissions and 303 Creative] Bench trials were held in both the Harvard and UNC cases. [read post]
3 Jul 2023, 6:09 pm by Josh Blackman
[Justice Jackson demonstrates why the usual recusal rules will not work for the Supreme Court.] [read post]
3 Jul 2023, 3:29 pm by Josh Blackman
[What would Masterpiece have looked like with Justice Kennedy still on Court?] [read post]
3 Jul 2023, 2:35 pm by Josh Blackman
[The decision this term that has the largest potential for a legal "jolt" was Mallory.] [read post]
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]