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22 Apr 2024, 5:00 am by Bernard Bell
  Speaking through Justice Amy Coney Barrett, the Justices elaborated upon their less constricted version of the “authority or duty” test in a way that provides some guidance to government officials. [read post]
17 Apr 2024, 9:03 am by Josh Blackman
[Justice Thomas: “constitutional rights are generally invoked defensively in cases arising under other sources of law, or asserted offensively pursuant to an independent cause of action designed for that purpose”] [This post is co-authored with Professor Seth Barrett Tillman]. [read post]
16 Apr 2024, 12:46 pm by Josh Blackman
[This post is co-authored with Professor Seth Barrett Tillman.] [read post]
12 Apr 2024, 4:00 am by Jim Sedor
Judge Cannon Shoots Down Trump’s Presidential Records Act Claim MSN – Devlin Barrett and Perry Stein (Washington Post) | Published: 4/4/2024 U.S. [read post]
3 Apr 2024, 10:08 am by fjhinojosa
Hawaii was cited in the following article: Seth Barrett Tillman, What Court (If Any) Decided Ex Parte Merryman? [read post]
22 Mar 2024, 8:38 am by Josh Blackman
I am grateful for the assistance of my co-counsel, Michael O'Neill of the Landmark Legal Foundation and Michael A. [read post]
22 Mar 2024, 4:00 am by Jim Sedor
‘Very, Very Troubling’: Judges, lawyers flummoxed by Judge Cannon MSN – Devlin Barrett and Perry Stein (Washington Post) | Published: 3/20/2024 Lawyers and former judges said they are baffled by an order issued by the federal judge overseeing Donald Trump’s pending trial on charges he mishandled classified documents, and believe her instructions suggest the case will not go to trial anytime soon. [read post]
5 Mar 2024, 8:13 am by Marty Lederman
  In theory, the Court “has an obligation to satisfy itself … of its own jurisdiction," Steel Co. v. [read post]
20 Feb 2024, 2:16 pm by Josh Blackman
Trump prioritized this argument in his briefs to the Court, drawing primarily on the scholarship of Seth Barrett Tillman and his co-author, Josh Blackman. [read post]