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[Jonathan H. Adler] Sixth Circuit Reverses Preliminary Injunctions Against TN & KY Laws Restricting Gender Dysphoria Treatments for Minors

30 Sep 2023, 12:24 pm by Jonathan H. Adler

Barnette, 319 U.S. 624, 638 (1943). [read post]

The Volokh Conspiracy - http://www.volokh.com/

[Ilya Somin] Supreme Court Will Hear Case on Whether there is a "Legislative" Exception to the Takings Clause

29 Sep 2023, 10:31 pm by Ilya Somin

(NA)In addition to Devillier v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Sixth Circuit Reverses Grants of Preliminary Injunctions in Gender Dysphoria Cases

29 Sep 2023, 1:59 am by Shams Hirji

Barnette, 319 U.S. 524, 538 (1943)). [read post]

Sixth Circuit Appellate Blog - http://www.sixthcircuitappellateblog.com/

Divided by a Common Concept? Comparing Deference in Canada and the United States

28 Sep 2023, 6:30 am by Guest Blogger

It is theoretically possible that the SCOTUS could draw nourishment from Ottawa to fatten up Chevron step two, in the same way that Justice Kagan rescued Auer deference from the hangman’s noose by giving it a highly contextual and reasoned structure in Kisor v Wilkie (see also the discussion of Chevron’s footnote 11 in the amicus brief of Professors Barnett and Walker). [read post]

Balkinization - http://balkin.blogspot.com/

An Update on the Censorship Cases Pending at SCOTUS

21 Sep 2023, 11:26 am by Alon Farahan

Virginia State Bd. of Educ. v. [read post]

Sixth Circuit Appellate Blog - http://www.sixthcircuitappellateblog.com/

Administrative Law SSRN Reading List, August 2023 Edition

8 Sep 2023, 12:14 pm by Christopher J. Walker

Walker in Loper Bright Enterprises v. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

Call for Papers: "Beyond the Fourteenth Amendment: Protecting the Right to Earn a Living"

24 Aug 2023, 6:00 am by Lawrence Solum

Despite vast scholarship by heavy hitters like Bernard Siegan and Randy Barnett and decades of public interest litigation with sympathetic facts, the Supreme Court refuses to consider the right to earn a living a “fundamental” right protected by the Due Process Clause. [read post]

Legal Theory Blog - https://lsolum.typepad.com/legaltheory/

Volume IV of The Major Questions Doctrine Reading List, by Beau J. Baumann

14 Aug 2023, 5:36 am by Guest Author

This paper is much narrower—Sunstein is really unpacking some of the conservative SCOTUS bloc’s internal debates about the MQD in Biden v. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

The Supreme Court, World War II, and a Great New Book

9 Aug 2023, 4:18 am by Eric Segall

Gobitis in 1940 only to reverse itself just a few years later in Barnette has been oft-told. [read post]

Dorf on Law - http://www.dorfonlaw.org/

[Josh Blackman] Justice Alito's Interview in the Wall Street Journal

31 Jul 2023, 11:50 am by Josh Blackman

An example is Ramos v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

:@WilliamBaude: Chevron and Public Rights

31 Jul 2023, 5:36 am by Will Baude

But as even Crowell v. [read post]