Search for: "Josh Blackman and Ilya Shapiro"
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27 Apr 2020, 3:15 am
” [Lola Fadulu, New York Times] Split Sixth Circuit panel rules that Due Process Clause of the Fourteenth Amendment protects a fundamental right to a “basic minimum education,” a holding that seems unlikely to survive Supreme Court review given such precedents as Rodriguez, Glucksberg, and DeShaney [Jonathan Adler, Josh Blackman] Tags: copyright, COVID-19 virus, disability & schools, school lunch, schools, Sixth Circuit [read post]
6 Apr 2020, 2:59 am
” A First Amendment botch that SCOTUS should correct [Ilya Shapiro and Michael Collins on Cato Institute brief] “Reviving the Contract Clause: An Acid Test for Originalism” [John McGinnis] “Indiana Supreme Court Applies Eighth Amendment to Curb ‘Oppressive’ Asset Forfeitures” [Ilya Somin in November; earlier on Timbs v. [read post]
6 Mar 2020, 3:02 am
Eugene Volokh, Cato files First Amendment amicus brief on behalf of Colorado graphic/web designer who objects to working on same-sex weddings [Ilya Shapiro and James Knight on 303 Creative LLC v. [read post]
4 Dec 2019, 3:01 am
Everyday orders share same griddle, but alternate cooking method is offered for vegans: “Lawsuit claims Burger King’s Impossible Whoppers are contaminated by meat” [Jonathan Stempel and Richa Naidu, Reuters] Court orders Canadian Senate to pay $1,500 to man who complained of language rights violation from English-only push labels on Parliament Hill drinking fountains [Jackie Dunham, CTV] Guns N’ Mootness: Supreme Court hears challenge to New York’s Kafkaesque… [read post]
25 Nov 2019, 5:00 am
Ilya Shapiro moved for my admission during the oral arguments for Zubik v. [read post]
18 Nov 2019, 5:05 am
(Ilya Shapiro moved for my admission; the Chief, perhaps against better judgment, granted the motion.) [read post]
11 Nov 2019, 8:08 pm
The fact that DACA is an exercise of executive enforcement discretion also undermines Josh Blackman and Ilya Shapiro's creative arguments that it is illegal under "non-delegation" principles, or because it attempts to resolve a "major question" that Congress would not have left to executive determination. [read post]
8 Nov 2019, 11:32 am
" George Will also discussed our brief in his latest column: A brief from Ilya Shapiro and Josh Blackman (who favor DACA as policy) for the Cato Institute argues that Obama's action went beyond "constitutionally-authorized executive power. [read post]
8 Nov 2019, 2:59 am
Murphy; earlier on surprise plain meaning] “An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know” [new book by Randy Barnett and Josh Blackman; described here, and discussed in this Cato video] Tags: Cato Institute, constitutional law, guns, Indian tribes, Oklahoma, Supreme Court [read post]
23 Sep 2019, 3:01 am
[Ilya Shapiro, Cato] Writer and star of one-act play “isn’t a fan of America’s founding charter — which may be why her audiences are such big fans of hers. [read post]
11 Sep 2019, 2:34 pm
[President Trump's Tweet Demonstrates Why He Can Rescind His Predecessor's Immigration Policy] Ilya Shapiro and I filed an amicus brief on behalf of the Cato Institute and Professor Jeremy Rabkin in DHS v. [read post]
11 Sep 2019, 8:12 am
Ilya Shapiro is director of the Robert A. [read post]
20 May 2019, 2:59 am
” [Josh Blackman, The Atlantic] A constitutional right to religious exemptions from otherwise applicable laws? [read post]
1 Apr 2019, 2:58 am
“In Cato’s latest ‘funny brief,’ Ilya Shapiro and Trevor Burrus are once again telling the Court that scandalous speech is valuable to society and that there’s no way for a government office to be trusted to decide what’s ‘scandalous.'” [Ilya Shapiro and Trevor Burrus on Cato certiorari amicus brief (with P.J. [read post]
20 Feb 2019, 9:05 pm
” [Ilya Somin; ABA Journal] Now keep your eye on the Privileges and Immunities Clause, advises Ilya Shapiro; Justice Gorsuch used a concurrence to signal that he is interested in revitalizing it, a position already held by Justice Clarence Thomas [Cato; see also Josh Blackman on Twitter] Tags: constitutional law, forfeiture, Neil Gorsuch [read post]
19 Sep 2018, 9:05 pm
Principles by Roger PilonIntroduction By Ilya Shapiro ANNUAL KENNETH B. [read post]
13 Aug 2018, 3:05 am
Harris, Bloomberg, Washington Post; two views at Volokh Conspiracy from David Post and Josh Blackman and Seth Barrett Tillman; earlier on Emoluments Clause litigation] Last year I noted the hotel-competitor fact pattern as the kind of emoluments case most likely to clear the standing hurdle; Excessive fines are unconstitutional, whether levied on persons or on groups of persons [Ilya Shapiro and Matthew Larosiere and Dave Kopel on Cato/Independence Institute… [read post]
14 Mar 2018, 7:54 am
Josh Blackman and Ilya Shapiro have an excellent editorial in the Wall Street Journal this morning: Testing California’s Sanctuary Laws. [read post]
25 Jan 2018, 3:02 am
Chenery II, fair notice and retroactivity [Aaron Nielson, Yale Journal on Regulation “Notice and Comment”; related, Josh Blackman] Federalist Society convention videos includes panels on the administrative state and agencies and the judiciary with Steven Calabresi and Gillian Metzger, Congress with C. [read post]
1 Nov 2017, 4:44 am
” But both Josh and Ilya make some pretty strong doctrinal and precedential cases for their positions. [read post]