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22 Apr 2016, 7:57 am
” And at PrawfsBlawg, Howard Wasserman notes that today marks the seventieth anniversary of the death of Chief Justice Harlan Fiske Stone, which left the Court with just seven members. [read post]
9 Oct 2021, 8:47 am
Howard Wasserman and I wrote about this litigation in our article, The Process of Marriage Equality. [read post]
14 Jul 2019, 4:15 am
At Prawfsblawg, Howard Wasserman parses Omari’s tale of strength in the face of victimhood. [read post]
17 Aug 2016, 5:07 am
In a follow-up, Howard Wasserman raised questions about the reciprocity aspect, what professors called students. [read post]
21 Oct 2023, 4:05 am
As Howard Wasserman adds at the end, there is a federal case out of Florida that rejected the “true threat” analysis, but it’s neither precedent nor principled. [read post]
15 May 2018, 4:19 am
Howard Wasserman analyzes the opinion for this blog. [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]
16 Nov 2018, 4:16 pm
UPDATE: Legal scholar Howard Wasserman comments on this post here: I agree with Ilya that excessive judicial deference is a problem. [read post]
12 Jun 2020, 12:49 pm
But unlike Mildred Jeter and Richard Loving, whose love story and legal victory in the aptly named case have become iconic cultural references and given birth to a holiday, Palmore did not produce a similar happy ending for Linda Sidoti Palmore and her family.I recently revisited Palmore to write a chapter about it for a forthcoming book, Painting Constitutional Law (edited by Howard Wasserman and M.C. [read post]
13 Jun 2017, 4:45 am
At PrawfsBlawg, Howard Wasserman suggests that a “better solution might have been that there is a final judgment in the dismissal order, but that there are prudential limits on a court reviewing a voluntary dismissal, just as there are prudential limits on a court taking appeals from the winners below. [read post]
26 Feb 2020, 3:50 am
At PrawfsBlawg, Howard Wasserman notes that “[i]f any case not on all factual fours with Bivens represents a new context, the majority gets where Justice Thomas wants to go, without the political cost of overrulings. [read post]
7 Jul 2020, 5:30 am
(See my article with Howard Wasserman, The Process of Marriage Equality). [read post]
28 Jun 2019, 4:21 am
’” At PrawfsBlawg, Howard Wasserman takes issue with the baseball analogy. [read post]
26 Jun 2017, 4:09 am
Howard Wasserman has this blog’s opinion analysis. [read post]
17 Jun 2014, 5:33 am
Commentary on the case comes from Ruthann Robson at Constitutional Law Prof Blog, who writes that the Court’s “relatively short and unanimous opinion breaks no new ground”; from Garrett Epps of The Atlantic, who predicts that both the Ohio law at issue in the case and other similar laws will “go down in the next few years”; from Lisa Soronen at the blog of the National Conference of State Legislatures, who observes that the case “should be of more interest… [read post]
5 May 2020, 3:54 am
” Additional commentary comes from Howard Wasserman at PrawfsBlawg, who remarks that “[t]he big difference” from in-person arguments “is that the Justices were less the stars,” Josh Blackman at Reason’s Volokh Conspiracy blog (via How Appealing), Elie Mystal at The Nation, and the editorial board of The Wall Street Journal, which observes that the unprecedented teleconference format offered “a great chance for the public to witness the… [read post]
23 Jul 2018, 4:23 am
” At PrawfsBlawg, Howard Wasserman takes issue with liberal complaints about Republican court-packing. [read post]
7 Jun 2010, 3:31 am
I look forward to my next decade with great partners like Dave Marquardt, John Johnston, Andy Rappaport, Vivek Mehra, and Howard Hartenbaum, and phenomenal entrepreneurs like Selina Tobacawalla, Al Lieb, Josh Silverman, Rene Lacerte, Martin Gates, Jim Heeger, James Currier, Rick Marini, Stan Chudnovsky, Travis Kalanick, Ben and Mena Trott, Barak Berkowitz, Chris Alden, Matt Sanchez, Dave Lerman, Kevin Sladek, Bob Philips, Bharath Kumar, Denis Stradford, Frank Rhode, Erik Swan, Michael Baum,… [read post]
19 Apr 2013, 6:54 am
Writing at PrawfsBlawg, Howard Wasserman considers the opinion’s discussion of issues of jurisdiction versus issues of substantive law, while Andy Spalding predicts that, after Kiobel, “the next generation of ATS litigation . . . will likely focus to a large extent on the territorial nexus question. [read post]
10 Jul 2020, 4:11 am
Howard Wasserman comments on the scope of nationwide injunctions by analyzing a footnote in Justice Ruth Bader Ginsburg’s dissent, and James Phillips examines a footnote in Justice Elena Kagan’s concurrence and argues that it misreads the majority opinion Kagan joined in Our Lady of Guadalupe. [read post]
