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12 Jul 2022, 11:11 am
[Section 1983 should not be read to impose obligations on state legislatures to enact legislation. ] Under the Supreme Court's Eighth Amendment jurisprudence, death row inmates have the burden to identify alternative methods of execution that would significantly reduce the risk of pain. [read post]
12 Jul 2022, 10:07 am
[There's a lot going on in Justice Kagan's Marietta dissent.] [read post]
12 Jul 2022, 4:00 am
7/12/1909: 16th Amendment is submitted to the states. [read post]
11 Jul 2022, 3:05 pm
In two dissents this past term, Justices invoked Alice in Wonderland. [read post]
11 Jul 2022, 2:59 pm
[A famous line from NFIB v. [read post]
11 Jul 2022, 1:40 pm
This past term, the Court only issued 58 signed opinions. [read post]
11 Jul 2022, 9:25 am
During the October 2021 Term, each Justices authored between five and eight majority opinions. [read post]
11 Jul 2022, 4:06 am
It wasn’t long ago that Josh Blackman came up with the idea that, to avoid court packing, Chief Justice John Roberts should sacrifice himself for the Court. [read post]
11 Jul 2022, 4:00 am
7/11/1921: Chief Justice William Howard Taft takes oath. [read post]
10 Jul 2022, 9:36 am
[After four years of contested litigation, the D.C. [read post]
10 Jul 2022, 8:11 am
[No, it wasn't my column.] [read post]
10 Jul 2022, 4:00 am
7/10/1832: President Jackson vetoes the bill to recharter the Second Bank of the United States. [read post]
9 Jul 2022, 4:00 am
7/9/1868: The Fourteenth Amendment is ratified. [read post]
8 Jul 2022, 6:00 am
The October 2021 Term of FantasySCOTUS has come to a close. [read post]
8 Jul 2022, 4:00 am
7/8/1941: Justice James Byrnes takes oath. [read post]
8 Jul 2022, 4:00 am
There are also free exercise arguments, which I suspect will also fail, though not quite for the same reasons that Josh Blackman has given. 2. [read post]
7 Jul 2022, 11:18 pm
On June 18, 2021, I wrote, "We don't have a 6-3 Conservative Court. [read post]
7 Jul 2022, 9:36 pm
[Can the states detain an alien based on "reasonable suspicion of illegal entry or other immigration crime"?] [read post]
7 Jul 2022, 4:00 am
7/7/1893: Justice Samuel Blatchford dies. [read post]
6 Jul 2022, 9:25 am
[Red Flag June Comes For Alden v. [read post]