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2 May 2022, 11:25 pm
Josh Gerstein is the elephant in the room. [read post]
2 May 2022, 9:43 pm
[Once again, the "fatal conceit" of the long game becomes clear.] [read post]
2 May 2022, 8:44 pm
Josh Gerstein (yes, that Josh Gerstein) wrote an essay for Politico tonight about past leaks from the Supreme Court: In 1979, ABC News Supreme Court correspondent Tim O'Brien went on air with reports predicting the outcome of two decisions that were days away from release. [read post]
2 May 2022, 6:42 pm
“Making Sense Of The Apparent Leaked Opinion In Dobbs; My instant reaction to Leakgate”: Josh Blackman has this post at “The Volokh Conspiracy. [read post]
2 May 2022, 6:22 pm
[My instant reaction to Leakgate. ] By now, you should have seen the Politico story that links to a purported majority opinion in Dobbs. [read post]
2 May 2022, 6:01 pm
Josh Gerstein and Alexander Ward of Politico have published a scanned document that purports to be a first draft of Dobbs that was circulated on February 10, 2022. [read post]
2 May 2022, 10:39 am
[Justice Gorsuch's Shurtleff concurrence places yet another nail in Lemon's crypt.] [read post]
2 May 2022, 10:24 am
["And like any factorized analysis, this approach cannot provide a principled way of deciding cases. [read post]
2 May 2022, 10:10 am
["Built in the late 1960s, Boston City Hall is a raw concrete structure, an example of the brutalist style. [read post]
2 May 2022, 4:00 am
5/2/1927: Buck v. [read post]
1 May 2022, 4:00 am
5/1/1871: Knox v. [read post]
30 Apr 2022, 4:00 am
4/30/1789: President Washington's inauguration. [read post]
29 Apr 2022, 6:00 am
["The President Has Three Bodies and There Is No Cause of Action for Ultra Vires Conduct"] The Georgetown Journal of Law & Public Policy has published the new article I co-authored with Seth Barrett Tillman: "The Unresolved Threshold Issues in the Emoluments Clauses Litigation: The President Has Three Bodies and There Is No Cause of Action for Ultra Vires Conduct. [read post]
29 Apr 2022, 4:00 am
4/29/1745: Chief Justice Oliver Ellsworth was born. [read post]
28 Apr 2022, 8:45 am
[Six decades ago, a young Stephen Breyer clerked for Justice Goldberg on a very, very different Supreme Court. ] Today the Supreme Court decided Cummings v. [read post]
28 Apr 2022, 6:00 am
[In Houston, about 5% of passengers wore masks. [read post]
28 Apr 2022, 4:00 am
4/28/2015: Obergefell v. [read post]
27 Apr 2022, 12:31 pm
[A study of the Second Amendment during the pandemic cases.] [read post]
27 Apr 2022, 6:19 am
” Josh Blackman has this post at “The Volokh Conspiracy. [read post]
27 Apr 2022, 4:00 am
4/27/1822: President Ulysses S. [read post]
