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25 Oct 2021, 4:10 am by Howard Friedman
(Rocky) Rhodes & Howard Wasserman, Solving the Procedural Puzzles of Texas’ Fetal-Heartbeat Law and its Imitators: The Potential for Defensive Litigation, (SMU Law Review, (forthcoming 2022)).Howard Wasserman & Charles W. [read post]
9 Oct 2021, 8:47 am by Josh Blackman
Howard Wasserman and I wrote about this litigation in our article, The Process of Marriage Equality. [read post]
20 Sep 2021, 7:40 pm by Josh Blackman
My colleagues Howard Wasserman and Rocky Rhodes predict that Braid will file a Section 1983 suit against Stilley. [read post]
20 Sep 2021, 2:42 pm by Howard Wasserman
Our fourth post explained that providers and advocates will have to raise their constitutional challenges to SB8 in a defensive posture in state court after being sued by a claimant for violating SB8, with our fifth post arguing that state courts should dismiss SB8 claims on state constitutional standing grounds. [read post]
17 Sep 2021, 6:12 am by tortsprof
The details are at Howard Wasserman's Prawfsblawg post here. [read post]
15 Sep 2021, 8:08 am by Howard Wasserman
Our fourth post explained that providers and advocates will have to raise their constitutional challenges to SB8 in a defensive posture in state court after being sued by a claimant for violating SB8. [read post]
15 Sep 2021, 3:22 am by SHG
For all the drama, lawprof Howard Wasserman has been dissecting what he calls the “procedural puzzles” that confront the pre-emptive efforts to enjoin Texas’ abortion law, SB8. [read post]
14 Sep 2021, 9:24 am by Howard Wasserman
Our second and third posts explained the limited offensive actions available to providers and advocates. [read post]
13 Sep 2021, 6:59 am by Howard Wasserman
Our second post explained why abortion providers and reproductive-rights activists cannot bring offensive pre-enforcement actions in federal court against any state official. [read post]
12 Sep 2021, 9:07 am by Howard Wasserman
Our first post described the two ways a rights-holder litigates federal constitutional rights—offensively, by seeking from a federal court a declaratory judgment of invalidity and an injunction to stop enforcement of the challenged law, and defensively, by raising the constitutional invalidity of the enforced law as a defense in the enforcement proceeding. [read post]
10 Sep 2021, 9:54 am by Howard Wasserman
Thanks to Eugene for inviting us to blog about Texas's fetal-heartbeat law (SB8) and our article, which will be published in American University Law Review in January. [read post]
2 Sep 2021, 12:02 pm by Ilya Somin
For a more detailed explanation of the procedural obstacles to challenging SB 8, see this excellent article by Charles "Rocky" Rhodes and Howard Wasserman. [read post]
20 Aug 2021, 12:18 pm by Howard Bashman
(Rocky) Rhodes and Howard Wasserman have posted this article at SSRN. [read post]
19 Aug 2021, 6:31 am by Howard Wasserman
Our previous four posts in this five-part guest series, generously welcomed and introduced by Howard Wasserman, have shown that possession seems often to influence the outcome of fights over the use of resources along the Chicago lakefront. [read post]
23 Jun 2021, 7:50 am by Adam Steinman
Today on the Courts Law section of JOTWELL is Howard Wasserman’s essay, The Paths to Comprehensive Entity Liability in Constitutional Litigation. [read post]