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20 Sep 2021, 2:42 pm
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
The details are at Howard Wasserman's Prawfsblawg post here. [read post]
15 Sep 2021, 8:08 am
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
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
Our second and third posts explained the limited offensive actions available to providers and advocates. [read post]
14 Sep 2021, 8:24 am
Mirow and Howard Wasserman. [read post]
13 Sep 2021, 6:59 am
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
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, 10:18 pm
Howard Wasserman and my colleague Rocky Rhodes explain this point well. [read post]
10 Sep 2021, 9:54 am
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]
10 Sep 2021, 9:53 am
Howard M. [read post]
2 Sep 2021, 12:02 pm
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
(Rocky) Rhodes and Howard Wasserman have posted this article at SSRN. [read post]
19 Aug 2021, 6:31 am
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
Today on the Courts Law section of JOTWELL is Howard Wasserman’s essay, The Paths to Comprehensive Entity Liability in Constitutional Litigation. [read post]
23 Jun 2021, 3:30 am
Howard M. [read post]
26 Apr 2021, 4:22 pm
Wasserman, Howard, Academic Feeder Judges: Are Clerkships the Key to Academia? [read post]
26 Apr 2021, 10:20 am
Howard Wasserman (Florida International), Academic Feeder Judges: Are Clerkships the Key to Academia? [read post]
7 Apr 2021, 4:30 am
(Ed Kilgore, New York magazine) SCOTUS vacates Knight Foundation, Thomas has things to say (Howard Wasserman, PrawfsBlawg) In Terry v. [read post]
26 Mar 2021, 9:03 pm
” When a lawsuit alleges that a federal law, regulation, or policy violates the Constitution, universal injunctions are generally not the appropriate remedy, according to Howard Wasserman of the Florida International University College of Law. [read post]
