Search for: "Opinion of Justices of Supreme Judicial Court"
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21 Feb 2024, 5:51 pm
In another year, that provision alone could have generated major litigation leading to Supreme Court review. [read post]
21 Feb 2024, 4:47 pm
Judicial precedent has prevailed over agency interpretation not because the Court has reverse-engineered the prior judicial opinions to determine whether they would have been "step one" or "step two" decisions if decided under Chevron. [read post]
21 Feb 2024, 7:00 am
Felix Frankfurter, who knew something about the business of the Supreme Court, said that Taft’s judicial reforms had earned him “a place in history . . . next to Oliver Ellsworth, who originally devised the judicial system. [read post]
21 Feb 2024, 6:30 am
Supreme Court. [read post]
21 Feb 2024, 5:52 am
In the court’s opinion, Russia has violated the basic principles of international law by carrying out military aggression against Ukraine. [read post]
20 Feb 2024, 9:01 pm
”When Flirting Isn’t Enough: The Alabama Supreme Court’s Full Embrace of Fetal PersonhoodHowever, the Alabama Supreme Court’s opinion blows Justice Kane’s and Judge Kacsmaryk’s rhetoric out of the water. [read post]
20 Feb 2024, 6:30 am
And so, I find myself thinking about Post’s Chief Justice Taft in the labor arena. [read post]
20 Feb 2024, 5:40 am
Responsibility, decided Friday by the Tennessee Supreme Court (majority opinion by Chief Justice Holly Kirby): In this lawyer disciplinary case, the lawyer's conduct compels disbarment. [read post]
19 Feb 2024, 8:57 am
Justice Scalia was exactly right about this—and for that matter, so was Chief Justice Marshall, who clarified this very point in his circuit opinion in United States v. [read post]
19 Feb 2024, 6:30 am
Supreme Court Decisions and Developments Supreme Court: Constitutional Challenges to Agency Proceedings Can Be Brought Directly in Federal District Court On April 14, 2023, the Supreme Court issued a unanimous opinion settling a circuit split concerning whether a party to an administrative enforcement action can sue directly in federal district court to challenge the agency’s constitutional authority to proceed,… [read post]
19 Feb 2024, 6:30 am
Supreme Court Decisions and Developments Supreme Court: Constitutional Challenges to Agency Proceedings Can Be Brought Directly in Federal District Court On April 14, 2023, the Supreme Court issued a unanimous opinion settling a circuit split concerning whether a party to an administrative enforcement action can sue directly in federal district court to challenge the agency’s constitutional authority to proceed,… [read post]
18 Feb 2024, 6:30 am
Conversely, Justice Harlan's dissent is often presented as an example of how a judicious judge, even one supporting liberty of contract in principle, should have assessed the facts. [read post]
17 Feb 2024, 6:30 am
” Post’s brilliant typology reveals that none of the four leading justices on the Taft Court considered themselves originalists or textualists as those terms are used on the Supreme Court today. [read post]
16 Feb 2024, 6:30 am
In that brief time, he nominated four Supreme Court justices – Taft chose or blessed the next three Harding nominees. [read post]
16 Feb 2024, 5:37 am
There’s language later in the Supreme Court’s opinion, too, suggesting that EPA’s 1980 interpretation (which it had changed its mind about in the rule the Supreme Court was reviewing in 1984) wasn’t really the agency’s own policy choice but rather conformity to the judicial interpretation: In August 1980, however, the EPA adopted a regulation that, in essence, applied the basic reasoning of the Court of… [read post]
16 Feb 2024, 3:00 am
Special Counsel Asks Supreme Court to Let Trump’s D.C. [read post]
15 Feb 2024, 6:30 am
Throughout Taft’s leadership, between 70% and 90% of the Court’s full opinions were unanimous. [read post]
15 Feb 2024, 6:05 am
Cases 350, in which the Supreme Court stated, in passing, that the Appeals Board retained jurisdiction to issue a new decision that complied with Lab. [read post]
14 Feb 2024, 3:05 pm
” It would be an embarrassment for the Supreme Court to endorse that deeply implausible reading as the basis for immunizing Trump from the effects of Section 3. [read post]
14 Feb 2024, 6:30 am
(I think Robert admires Taft almost as much as I admire Dean Guido Calabresi).[20] Yet, as Robert also observes, “Few now remember that Taft had forever altered the nature of the chief justiceship, the Supreme Court, or the federal judiciary[,]….his efforts at judicial reform or the construction of the contemporary Supreme Court building”[,] or “the judicial landmarks he thought he had established. [read post]
