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The Latest Breaking News from Josh Blackman

Donald Trump Should be on the Ballot and Should Lose

In a prior blog post, I argued that Donald Trump should be kept off the ballot for the 2024 presidential election because of the Insurrection Clause of Section 3 of the Fourteenth Amendment. I have now changed my mind and have concluded that since Trump was not "an officer of…

Reason

The Dangers of Giving Trump Impunity are Far Worse than those of Prosecuting Him

Giving presidents impunity for using force and fraud to try to nullify election results is far worse than any potential risk of prosecuting Trump.

Reason

Purple June

With Justice Kavanaugh by his side, the Chief Justice is back in control.

Reason

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Why a Supreme Court Justice Who Always Votes for One Type of Litigant isn't Necessarily Biased

Justice Gorsuch has never voted against Native American interests in a Supreme Court case. But that probably isn't because he's biased in favor of Indians. He simply believes that much existing precedent in this field is biased the other way.

Reason

Trump's Lawyers Cite, And Disagree with Blackman & Tillman On Whether The President Is Or Is Not An "Officer of the United States"

"To be clear, we mean no disrespect to either of these fine academics but their views on this matter are idiosyncratic."

Reason

Delegitimizing the Supreme Court

Plus: A look back at Rochelle Walensky's tenure as head of the CDC

Reason

Court tosses Berkeley gas ban, but wider impact is unclear

It's unclear what kind of impact a federal appellate court's ruling to overturn a first-in-the-nation natural gas ban from 2019 in Berkeley, California will have

The Independent UK

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Asking Clarence Thomas to testify in Senate could spark a showdown

WASHINGTON — Advocacy groups have urged the Senate Judiciary Committee to call Supreme Court Justice Clarence Thomas to testify about his relationship with a billionaire GOP donor, a move experts say would escalate conflict between two branches of government and could lead to a separation-of-powers showdown.

Tribune News Service

Asking Clarence Thomas to testify in Senate could spark a showdown - Roll Call

Advocacy groups have urged the Senate to ask Supreme Court Justice Clarence Thomas to testify on his relationship with a wealthy GOP donor.

Roll Call

Amateur Hour: A Little Bit of Python Can Let ChatGPT Discuss Your Documents

Guest Post on Chat GPT by Professor Seth Chandler (UH)

Reason

Biden's push to end Title 42 border policy won’t end the legal fights

WASHINGTON — The Supreme Court likely won’t decide a current case on the so-called Title 42 border policy this term if the Biden administration follows through with plans to end that pandemic-era directive in May, legal experts said.

Tribune News Service

Biden push to end Title 42 border policy won't end the legal fights - Roll Call

The Supreme Court likely won’t decide a current case on the so-called Title 42 border policy this term, but lawsuits will go on, experts say.

Roll Call

Professor Xiao Wang in the Minnesota Law Review Refutes A Position I Do Not Hold

When you say someone is wrong, quote them, to ensure you are properly attributing their view.

Reason

The Washington Post Profiles the 5th Circuit

"They don’t care about being invited to elite parties in Georgetown.”

Reason

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Reason

Volokh Conspiracy Holiday Gifts—2022

Gift ideas for the VC readers in your life!

Tribune News Service

Trump’s presidential run faces legal challenges over his role in Jan. 6 ‘insurrection’

WASHINGTON — Donald Trump faces an unprecedented effort to disqualify him from being on the ballot again over his role in the Jan. 6 attack on the U.S. Capitol, raising the specter of legal chaos in the 2024 election long before voters go to the polls.

Reason

What's Next For FedSoc?

Politico writes about the future of the Federalist Society

Reason

New York Legislators Seem To Think Posting 'Gun-Free Zone' Signs in Times Square Will Minimize Crime

Approximately 36 blocks around Times Square will now be deemed a "gun-free zone." What purpose is served by this?

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WEKU

Preventive care such as birth control, anti-HIV medicine challenged in Texas lawsuit

Some object to paying for health insurance plans that cover preventive services that they say violate their religious beliefs, which could cause millions to lose access to care if the courts agree.

Roll Call

Supreme Court conservatives flex in term full of controversial cases

The trajectory of the Supreme Court appears unlikely to change in a new term starting in October, even with a new justice.

Reason

From Rabbi Michael Simon (Temple Beth Kodesh) on Abortion, Judaism, and Religious Exemptions

As readers know, I've been interested in the question of abortion and religious exemption claims (see this May 9 post), so when I saw this item by Rabbi Simon, I found it much worth passing along. Rabbi Simon had been a lawyer for 20 years before becoming a full-time rabbi,…

Reason

The Failed Senate Abortion Bill Went Far Beyond Preserving Current Rights

Without citing any constitutional authority to dictate state abortion policies, the bill would have overridden regulations that have been upheld or have yet to be tested.

Reason

Is Abortion a Constitutional Right? Josh Blackman on Alito's Draft

The constitutional scholar on abortion, Sam Alito, and the future of federalism

Tribune News Service

Justice Alito cancels appearance in wake of abortion opinion leak

U.S. Supreme Court Justice Samuel Alito canceled plans to attend a judicial conference in Tennessee just days after his draft opinion to eliminate the constitutional right to abortion was leaked to the public, according to a law professor at the event.

Reason

Politico Symposium on Broader Implications of the Leaked Supreme Court Opinion Overruling Roe v. Wade

Various experts, including co-blogger Josh Blackman and myself, discuss whether the draft opinion would threaten other constitutional rights, if adopted by the Court.

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