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Nine Cases From OT 2021 Term For The Barnett/Blackman Supplement


Every summer, we prepare the supplement for the Barnett/Blackman casebook. In recent years, we have tried to edit the cases on the same day they are decided. This year, the back-to-back Dobbs/Bruen drops delayed our schedule. We have now finished our review. Here are the nine cases that will be in the supplement.

What a momentous term! If I had to predict, about half of these cases will make their way into the fifth edition of the casebook. Dobbs overruled RoeCarson completes the trilogy that began with Trinity Lutheran and EspinozaKennedy finally interred Lemon, and more importantly, eliminated the Lemon defense. Bruen finally decided the issues left unresolved in Heller and McDonaldTorres v. DPS may represent a new schism on the Court with sovereign immunity. And West Virginia may be the first step (or at least half a step) to a reinvigoration of the non-delegation doctrine.

The fifth edition of the casebook should be published in 2026–just in time for the Semiquincentennial. What will constitutional law look like for the 250th anniversary of the signing of the Declaration of Independence?

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