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30 Apr 2025, 2:49 pm by Josh Blackman
[The Court moves heaven and earth to block removal of alleged gang members who are almost certainly removable, but stays silent when citizens of Maine lose their elected representative.] [read post]
29 Apr 2025, 9:50 pm by Josh Blackman
[And she is considering holding the Florida Attorney General in contempt for pointing out the limits of the judge's order] Florida enacted a law that permits law enforcement officials to arrest illegal aliens who enter the state. [read post]
28 Apr 2025, 6:14 pm by Howard Bashman
Braidwood and the Reorganization Plan of 1966; The Reorganization Plan of 1966, standing by itself, is not a statute that could vest ‘by law’ the appointment power authority in the Secretary”: Josh Blackman and Seth Barrett Tillman have this post at “The Volokh Conspiracy. [read post]
28 Apr 2025, 1:46 pm by Josh Blackman
" See generally Seth Barrett Tillman & Josh Blackman, Offices and Officers of the Constitution: Part III, The Appointments, Impeachment, Commissions, and Oath or Affirmation Clauses, 62 South Texas Law Review 349, 378-80 (2023) (expounding on the  meaning of "by law" and collecting authority). [read post]
22 Apr 2025, 7:17 pm by Josh Blackman
[The Supreme Court moves heaven and earth to block removal of alleged gang members who are almost certainly removable, but says nothing about Ohio initiative process being declared unconstitutional.] [read post]
22 Apr 2025, 8:38 am by Josh Blackman
[It is clear the Court decided "economic" liberty cases in this period, but what about "personal" liberty due process cases, apart from the First Amendment?] [read post]
21 Apr 2025, 9:49 pm by Josh Blackman
[Judge Hendrix took no action, but notified the government about the ACLU's action.] [read post]
21 Apr 2025, 8:19 am by Josh Blackman
[The 5th Circuit and Supreme Court decided the case at *exactly* the same time.] [read post]