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2 Dec 2021, 7:26 pm by Josh Blackman
[Justices Breyer, Sotomayor, and Kagan had no difficulty overruling Baker v. [read post]
2 Dec 2021, 1:31 pm by Josh Blackman
[If she is so worried about the Court's politicization, she wouldn't expend so much effort to call her colleagues partisans.] [read post]
2 Dec 2021, 10:06 am by Howard Bashman
Wade’s Precedential ‘Paradox'”: Law professor Josh Blackman has this essay online at Newsweek. [read post]
2 Dec 2021, 5:27 am by Josh Blackman
[Justice Sotomayor said "23 to 24 months," but she obviously meant "23 to 24 weeks. [read post]
2 Dec 2021, 3:30 am by Josh Blackman
["On Wednesday, two current members of the Court channelled the logic of the Justices they clerked for. [read post]
1 Dec 2021, 4:22 pm by Mark Walsh
If law professor Josh Blackman’s recent “thought experiment” to phase out law clerks to the justices takes hold, this clerk class would be among the last. [read post]
1 Dec 2021, 3:52 pm by Josh Blackman
[I did not expect Chief Justice Roberts to say that the viability line was dicta based on Justice Blackmun's papers.] [read post]
1 Dec 2021, 3:12 pm by Josh Blackman
[The Justices who profess the greatest respect for democracy forget the Court is the least democratic branch.] [read post]
1 Dec 2021, 2:35 pm by Josh Blackman
[No, Marbury did not say that "the Supreme Court is the last word on what the Constitution means. [read post]
1 Dec 2021, 12:08 pm by Josh Blackman
[The former Dean exercised her right to remain silent to ensure maximum space for negotiation at conference.] [read post]
1 Dec 2021, 10:12 am by Eugene Volokh
UPDATE: For more on this issue, though in the context of the First Amendment and governmental mandates, see Josh Blackman's post on Doe v. [read post]