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3 Feb 2021, 3:00 pm by Josh Blackman
[This post was co-authored by Josh Blackman and Seth Barrett Tillman] Introduction. [read post]
21 Jan 2021, 12:54 pm by John Elwood
Because of her prior participation in the Wolf case, Barrett is expected to recuse herself from consideration of it. [read post]
12 Jan 2021, 10:19 am by Coleman Saunders
Readers interested in learning about another Foreign Sovereign Immunities Act case currently before the Supreme Court, Hungary v. [read post]
8 Jan 2021, 1:17 pm by Ilya Somin
In an interesting recent post, co-blogger Josh Blackman and Seth Barrett Tillman argue that President Trump cannot be impeached and convicted for his role in inciting the riot at the Capitol because he was engaging in First Amendment-protected speech. [read post]
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]
17 Dec 2020, 11:10 pm by Josh Blackman
[I suspect the Court punted this Kentucky COVID case to avoid jumping the gun on Fulton.] [read post]
13 Nov 2020, 4:32 am by Stephen Sachs
As Justice Barrett noted, you can't sue Congress to make them repeal a law; and in any case, courts don't issue "writs of erasure," stripping pages out of the Statutes at Large. [read post]
5 Nov 2020, 11:54 am by Josh Blackman
(I am co-counsel with Becket in a different case challenging New York's lockdown measures). [read post]
2 Nov 2020, 9:00 pm by Dean Falvy
Trump.A Fox in Search of a HenhousePresident Trump has made no secret of his beliefs that voter fraud is rampant (though always on behalf of his adversaries), that no one should vote by mail (except his supporters), that the election should be postponable at his will, that ballot counting should stop on Election Night (as long as he is ahead), and that there’s no way he can lose his re-election (unless it is “rigged” by his opponents).For anyone committed to democracy,… [read post]
29 Oct 2020, 9:02 pm by Neil H. Buchanan
We are used to thinking that the unfairness of the Electoral College arises from its over-weighting of Republican-leaning states, which is caused by each state’s receiving two extra votes (mirroring the undemocratic tilt of the Senate), but it goes beyond that.Just as we learned to our surprise that the Senate can sit on a Supreme Court nomination for as long as the majority leader wishes, we have recently learned that Trump’s legal team has been putting together strategies that go far… [read post]
12 Oct 2020, 12:55 pm by William Ford, Tia Sewell
.: The Senate Judiciary Committee will hold the first of four consecutive days of hearings on the nomination of Judge Amy Coney Barrett to serve as an associate justice of the U.S. [read post]
There’s an entire Wikipedia page devoted to the insults he uses for adversaries and the nicknames he uses for co-conspirators. [read post]
3 Oct 2020, 12:23 pm by Mary Mock
If you’re young, you probably don’t even realize how incredibly commonplace that was. [read post]
3 Oct 2020, 12:23 pm by Mary Mock
If you’re young, you probably don’t even realize how incredibly commonplace that was. [read post]