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18 Apr 2024, 11:02 am
Justice Kavanaugh's concurrence, which was joined by Justice Barrett, speaks clearly to this second issue. [read post]
18 Apr 2024, 7:49 am
Two of the three are very recent appointments to the Court, and one (Barrett) doesn’t have much of a track record on administrative law issues. [read post]
17 Apr 2024, 9:47 am
” (Cites to In re Facebook, Barrett v. [read post]
17 Apr 2024, 9:03 am
[Justice Thomas: “constitutional rights are generally invoked defensively in cases arising under other sources of law, or asserted offensively pursuant to an independent cause of action designed for that purpose”] [This post is co-authored with Professor Seth Barrett Tillman]. [read post]
17 Apr 2024, 7:16 am
With the possible exception of Justice Barrett, the conservatives were skeptical of what they call a broad reading of a criminal law and apparently want to narrow it by deploying a canon that sounds in purposivism, while the liberals seemed to take the opposite view. [read post]
16 Apr 2024, 8:58 pm
I suspect that Kavanaugh and Barrett do not agree on the MQD, as Barrett's Biden v. [read post]
16 Apr 2024, 1:34 pm
Justice Amy Coney Barrett suggested that even if the court were to reject the government’s broad interpretation, Section 1512(c)(2) might still apply to Fisher. [read post]
16 Apr 2024, 12:46 pm
[This post is co-authored with Professor Seth Barrett Tillman.] [read post]
16 Apr 2024, 9:39 am
However, this 34-page decision included concurrences by Justices Neil Gorsuch, Samuel Alito, Clarence Thomas, Brett Kavanaugh and Amy Coney Barrett. [read post]
16 Apr 2024, 6:49 am
Two justices (Kavanaugh, joined by Barrett) concurred in the stay, and spoke primarily to how the Court should think about stays of lower-court injunctions. [read post]
16 Apr 2024, 4:00 am
In choosing such an extraordinary remedy, the district court clearly strayed from equity’s traditional bounds.Justice Kavanaugh, joined by Justice Barrett, filed a concurring opinion, saying in part:Traditionally, one important factor when this Court decides an emergency application involving a new law is likelihood of success on the merits. [read post]
15 Apr 2024, 3:38 pm
” Justice Brett Kavanaugh wrote his own 13-page concurring opinion, joined by Justice Amy Coney Barrett, in which he focused on how the court should deal with emergency applications in cases – like this one – involving efforts to block enforcement of a new state or federal law. [read post]
15 Apr 2024, 1:18 am
If you’re like many paralegal graduates, you might have had to take any position you could just to get your foot in the door after completing your paralegal certificate program.I’m seeing this first-hand inside my Litigation Boot Camp, more so in the recent enrollments when we were open in January. [read post]
14 Apr 2024, 11:04 pm
Justice Barrett’s opinion does not address the next logical issue raised by the Sheetz litigation: whether the TIM fee assessed against Mr. [read post]
12 Apr 2024, 9:30 pm
Barrett and Henry “Hank” M. [read post]
12 Apr 2024, 1:10 pm
Justice Amy Coney Barrett's opinion for the Court effectively summarizes the reasons why the idea that there is a legislative exception makes little sense: Nothing in constitutional text, history, or precedent supports exempting legislatures from ordinary takings rules. [read post]
12 Apr 2024, 12:11 pm
Our team at Marin, Barrett, and Murphy Law Firm views this agreement as a vital step forward in safeguarding public water systems and public health. [read post]
12 Apr 2024, 11:33 am
Justice Barrett's opinion today in Sheetz v. [read post]
12 Apr 2024, 10:56 am
In her 11-page opinion for a unanimous court, Barrett explained that nothing in the text of the Constitution indicates that the takings clause does not apply to fees imposed by legislatures. [read post]
12 Apr 2024, 4:00 am
Judge Cannon Shoots Down Trump’s Presidential Records Act Claim MSN – Devlin Barrett and Perry Stein (Washington Post) | Published: 4/4/2024 U.S. [read post]
