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8 Jan 2021, 12:57 am by Josh Blackman
[If Trump’s speech is protected by the First Amendment, then incitement cannot be grounds for impeachment. ] [This post was co-authored by Josh Blackman and Seth Barrett Tillman] Over the past four years, we have defended many of President Trump's actions as a constitutional matter, while criticizing those actions as a policy matter. [read post]
21 Dec 2020, 6:36 am by James Romoser
Illegally (Jess Bravin, The Wall Street Journal) Court Gives Trump a Pass in Census Lawsuit (Kenneth Jost, Jost on Justice) Declining To Rule On The Merits, The Supreme Court Allows Trump’s Census Order To Stand For Now (Michael Bobelian, Forbes) Supreme Court dismisses case on excluding illegal immigrants from census count as ‘riddled’ with ‘speculation’ (Tyler Olson, Bill Mears & Shannon Bream) Malevolence + Incompetence = No Standing (Howard… [read post]
11 Dec 2020, 4:00 am by James Romoser
Here’s a round-up of other Supreme Court-related news and commentary from around the web: Justices Rule for Muslim Men Who Sued FBI Agents After Being Placed on No-Fly List (Jess Bravin, The Wall Street Journal) Supreme Court Says Muslim Men Can Sue FBI Agents In No-Fly List Case (Nina Totenberg, NPR) The final countdown to Donald Trump’s election defeat (Steven Mazie & Idrees Kahloon, The Economist) SC AG Wilson joins Texas in bid in US Supreme Court to overthrow Biden election… [read post]
28 Oct 2020, 5:06 pm by Mark Graber
Jessie Hill (Case-Western Reserve University)(Thanks to Howard Wasserman for the heads up) [read post]
23 Sep 2020, 5:59 am by James Romoser
” At Prawfs Blawg, Howard Wasserman reflects on the Ginsburg-Marshall comparison as well. [read post]
22 Sep 2020, 2:11 am by Steve Lubet
Writing on Prawfs, Howard Wasserman adds the obvious names Thurgood Marshall and William Howard Taft, to which I would add Louis Brandeis. [read post]
13 Aug 2020, 9:26 pm by Jack Chin
When Howard Wasserman and Ediberto Roman are right, they're right: Kamala Harris is a natural born citizen eligible to the presidency, and therefore to the vice presidency under the last sentence of the Twelfth Amendment. [read post]
20 Jul 2020, 1:22 pm by Bridget Crawford
Balkin, New Haven – Professor, Yale Law School   District of Columbia Cara Hope Drinan – Professor, The Catholic University of America, Columbus School of Law   Florida Howard M. [read post]
13 Jul 2020, 3:00 am by James Romoser
At PrawfsBlawg, Howard Wasserman ponders some process-oriented questions raised by Vance and Mazars and discusses potential implications for future cases. [read post]
10 Jul 2020, 4:11 am by James Romoser
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]
7 Jul 2020, 5:30 am by Josh Blackman
(See my article with Howard Wasserman, The Process of Marriage Equality). [read post]
7 Jul 2020, 3:40 am by Edith Roberts
” Additional commentary comes from Howard Wasserman at PrawfsBlawg, here and here. [read post]
12 Jun 2020, 12:49 pm by Linda McClain
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]
11 Jun 2020, 6:37 am by Family Law
Sidoti: The Troubling Effects of "Private Biases," in Painting Constitutional Law; Howard Wasserman and M.C. [read post]
3 Jun 2020, 9:31 am by Adam Steinman
Today on the Courts Law section of JOTWELL is Howard Wasserman’s essay, Mischief and Snap Removal. [read post]
18 May 2020, 4:00 am by Howard Friedman
From SSRN:Joshua Neoh,  Apostasy and Freedom of Religion in Malaysia, (in Paul Babie, Neville Rochow and Brett Scharffs (eds), Freedom of Religion or Belief: Creating the Constitutional Space for Fundamental Freedoms (Edward Elgar Press, 2020)).Tarlan Masmaliyeva, Headscarf Cases Before the CJEU: Achbita and Bougnaoui (April 16, 2020).Kellen Funk, The Swearer's Prayer, (May 12, 2020).Julie Ada Tchoukou, Religion as an Ideological Weapon and the Feminisation of Culture in Nigeria: A… [read post]
11 May 2020, 3:24 am by Edith Roberts
” At PrawfsBlawg, Howard Wasserman notes that “Justice Thomas called for reconsidering qualified immunity in his concurring opinion in Ziglar v. [read post]