Download The Cases From The 2023 Barnett/Blackman Supplement

303 Creative, Harvard, Moore, Brackeen, and Pork Producers

Every year, Randy and I add a handful of new Supreme Court decisions to our casebook's supplement. And I make it a point to edit the case the day it comes out. Doing so forces me to fully understand a case before I talk about it. (I marvel at op-eds written within hours of the release of a two-hundred page opinion!) Last year we added nine cases to the supplement: Dobbs, Bruen, Kennedy, Carson, WV v. EPA, City of Austin, Shurtleff, Torres, and Vaello-Madero. This term was far slower, and five made the cut. You can download them all here:

• 303 Creative v. Elenis
• Students for Fair Admissions v. Harvard
• Moore v. Harper
• Haaland v. Brackeen
• National Pork Producers Council v. Ross

I considered for inclusion three other cases that were close, but ultimately did not make the cut: U.S. v. Hansen (overbreadth), Samia v. U.S. (Confrontation Clause), and Counterman v. Colorado (threats).

Comments

[Jason Cavanaugh]

"Doing so forces me to fully understand a case before I talk about it."

You're not nearly as successful at that as you seem to think.

[Doug Heffernan]

I feel sad for the cases that didn't make blackman's cut. I hope the attorneys that worked on those cases don't have their feelings hurt too much by being cut by blackman.

[Rev. Arthur L. Kirkland]

Don't forget Prof. Barnett . . . his name (like that of the institution that regrets hiring him) is on this thing, too.

[EscherEnigma]

You didn't think a finding that stalking was constitutionally protected speech (and even more protected if the stalker was even more delusional) was significant enough?

[Dan Schiavetta]

Women are more likely to be victims of stalking than men. If we had meaningful female blogging here, we might be seeing posts about this horrifying decision and it might get onto Josh's radar.