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” So if Remedy A would trigger a very complicated and close severability analysis and Remedy B would trigger an easy and obvious severability analysis, this distinction itself provides reason to prefer Remedy B.In the ACA context, at least upon superficial analysis, Remedy B (enjoining the 2017 tax repeal) wouldn’t seem to raise a difficult question at all; the tax-zeroing provision appears conceptually and functionally disjoined from other provisions of the TCJA, and… [read post]
21 Aug 2019, 4:40 pm by INFORRM
 In practice, many harassment claims are very strong or undefended and so this may save time and costs. [read post]
9 Oct 2018, 9:01 pm by Sherry F. Colb
Christine Blasey Ford and then-Judge Brett Kavanaugh, before the Senate Judiciary Committee. [read post]
11 Apr 2017, 3:01 pm
In contrast, critics have seen CSR as an intrusion of corporate interests in the public sphere where government is strong. [read post]
25 Jul 2022, 1:54 am by INFORRM
He initially denied the breaches but admitted them all in the week before the trial. 5RB, Brett Wilson, The Times and Mirror report the judgment. [read post]
2 Aug 2022, 6:30 am by Guest Blogger
In dissent, Justice Brett Kavanaugh (writing separately from two other dissenting textualist justices), rejected that application of ordinary meaning (though not the canon or the text of the statute itself); he further advocated applying another canon to inform ordinary meaning itself: the rule against superfluity,which would avoid rendering the phrase “sexual orientation” in other statutes superfluous. [read post]
24 Jan 2022, 8:38 am by Katherine Pompilio
The panel will feature Steven B. [read post]
29 Oct 2020, 10:38 am by Zahavah Levine, Thea Raymond-Sidel
This post is the fourth of a five-part series on litigation about mail voting during the 2020 general election. [read post]
1 Jun 2022, 5:00 am by Ben Sperry
Chief Justice John Roberts was joined by conservative Justices Brett Kavanaugh and Amy Coney Barrett and liberals Stephen Breyer and Sonia Sotomayor in moving to vacate the 5th Circuit’s stay. [read post]
30 Nov 2020, 9:24 am by William Ford, Anna Salvatore
Nonresident senior fellow Lee Beck will moderate the conversation and the panelists will include Allyson Anderson Book of Baker Hughes, Erin Burns of Carbon180, Brett Perlman of the Center for Houston’s Future and Rich Powell of ClearPath. [read post]
18 Oct 2018, 10:42 am by Ronald Collins
And Justices Neil Gorsuch and Brett Kavanaugh (identified as “stalwart originalists”) also follow in this tradition. [read post]
26 Jul 2018, 11:55 am by Christopher Walker
A recent Mother Jones headline aptly summarizes one potential line of attack: “How Brett Kavanaugh Could Cripple the Next Democratic President. [read post]
18 Nov 2021, 8:03 am by Michael Stern
This brief argued that the court need not engage in balancing the interests of the legislative and executive branches because (a) the Presidential Records Act (PRA), as amended in 2014, forecloses the ability of a former president to assert executive privilege without the incumbent’s support and (b) Biden’s rejection of Trump’s executive privilege claim, in any event, constituted a waiver of the privilege. [read post]
25 Dec 2018, 9:30 pm by Series of Essays
Supreme Court Justice Brett Kavanaugh review federal agency statutory interpretations that come before him on the Court? [read post]
2 Jul 2013, 1:41 pm
The other day, I was blogging about tags, and somebody asked what are all the tags. [read post]