The Clear Statement Rule and the Major Question Doctrine As Substantive Separation of Powers Canons. reason.com/volokh/2024/04…

Chemerinsky: 'Anti-Semitism is not taken as seriously as other kinds of prejudice.' 'A plainly anti-Semitic poster received just a handful of complaints from Jewish staff and students' reason.com/volokh/2024/04…

Presidential Bribery and the Clear Statement Rule in Trump v. United States: Revisiting Issues From The First Trump Impeachment and the Mueller Investigation. Questions from CJ Roberts and JJ Kavanaugh and Gorsuch revisit unresolved issues from 2017-2020. reason.com/volokh/2024/04…

The Kentucky Legislature Removed The Governor's Power To Temporarily Appoint A Senator. Would the Governor's veto of the bill have even been effective? reason.com/volokh/2024/04…

Next Year In Jerusalem reason.com/volokh/2024/04…

Ohio AG Asks State Supreme Court To Bar Universal Injunction. Can a state trial court issue an 'universal injunction' against all parts of a new law, even though 'only two named plaintiffs have alleged narrow harms from only one part of the law.' reason.com/volokh/2024/04…

2024 Texas Review of Law & Politics Jurist of the Year reason.com/volokh/2024/04… via reason

Justice Kavanaugh's Concurrence in Labrador v. Poe. Justice Kavanaugh laid out a unifying theory for the Shadow Docket. reason.com/volokh/2024/04…

Justice Gorsuch's Concurrence in Labrador v. Poe. The walls are closing on universal, non-party injunctions against state laws. reason.com/volokh/2024/04…

Unanimous Supreme Court Adopts the Sword-Shield Dichotomy To Explain How Constitutional Rights Can Be Litigated. Justice Thomas: “constitutional rights are generally invoked defensively in cases arising under other sources of law, or asserted offensively pursuant to an…

Justice Kavanaugh Rejects The Substantive 'Veterans Benefits' Canon. A careful textualist analysis that speaks more broadly to other substantive canons, including Chevron deference. reason.com/volokh/2024/04…

Special Counsel Jack Smith Responds to Blackman-Tillman. No matter how you slice it, Smith cannot exercise the powers he purports to exercise. reason.com/volokh/2024/04…

Judge James C. Ho's Remarks to the Midland County Bar Association reason.com/volokh/2024/04…

Justice Barrett on the Takings Clause and the Police Power. 'Though at times the two seem more like in-laws than soulmates.' reason.com/volokh/2024/04…

Hiring Opportunities with NCLA and SLF reason.com/volokh/2024/04… via reason

Berkeley Students Post Anti-Semitic Cartoons, Disrupt Dinner at Dean Chemerinsky's Home. 'I never thought I would see such blatant antisemitism.' reason.com/volokh/2024/04…

Judge Gibbons's Replacement By Her Former Clerk Would 'Flip' The Sixth Circuit. Gibbons declined to take senior status during the Trump years, but will now be replaced by her former law clerk. reason.com/volokh/2024/04…

McConnell and Schumer Offer Dueling Approaches To Judicial Reform. McConnell's bill would ensure that no one can benefit from nationwide injunctions. Schumer's bill would ensure that liberal litigants still benefit from nationwide injunctions. reason.com/volokh/2024/04…

Fifth Circuit Judges Clash Over Venue and Judge Shopping. Judges Oldham and Higginson disagree about where a case belongs: NDTX or DDC. reason.com/volokh/2024/04…

With the Lemon Test Dead, Can The Establishment Clause Be Unincorporated? The establishment principles grounded in original meaning can be shifted to the Free Exercise Clause. reason.com/volokh/2024/04…