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2 Mar 2020, 9:01 pm
The Supreme Court gives substantial weight to the government’s position on a cert. petition, so it was no great surprise that in October 2019, the Court granted the petition.The Supreme Court Appoints a Former Solicitor General (and Former Law Clerk for Justice Scalia) to Defend the Structure of the CFPBWith the government supporting the petitioner in this case, the Court appointed former Solicitor General Paul Clement to defend the judgment of the Ninth Circuit. [read post]
28 Feb 2020, 2:59 am
Elizabeth Warren’s debate attack on Mike Bloomberg over non-disclosure agreements (NDAs) was simplistic, and that’s putting it diplomatically [Robin Shea] West Coast longshore union braces for bankruptcy [Richard Read, Los Angeles Times] An issue to watch carefully: most Democratic White House contenders support labor law changes to introduce “sectoral bargaining,” which ropes employers into all-for-one industry-wide negotiations like it or not [Sharon Block and… [read post]
25 Feb 2020, 3:47 pm
” Breyer, Alito and Justice Elena Kagan also questioned Paul Clement, representing Atlantic Coast Pipeline LLC, the company developing the pipeline, about the possibility of a narrow ruling that distinguished the surface trail from the subsurface tunnel. [read post]
25 Feb 2020, 6:20 am
The justices granted review in October of last year, and a few days later the court appointed Paul Clement, a former U.S. solicitor general, to defend the 9th Circuit’s ruling and the CFPB’s structure. [read post]
13 Feb 2020, 2:32 pm
Several amici, led by court-appointed amicus Paul Clement, have raised compelling questions about whether the court should be deciding these issues at all. [read post]
12 Feb 2020, 1:11 pm
She is followed by Paul Clement from Kirkland & Ellis, who is counsel of record on a mix of parties’ briefs in cases he argued (or will argue) and amicus briefs; Lawrence Joseph, who regularly files amicus briefs on behalf of various groups (for example); and the Cato Institute’s Ilya Shapiro — all counsel of record on a brief in nine cases. [read post]
11 Feb 2020, 10:00 am
The court has recognized the problem of a lack of adversity between the parties by appointing Paul Clement as an amicus curiae to argue in support of the removal restrictions, but that will not satisfy Article III. [read post]
10 Feb 2020, 8:30 am
The justices granted review in October of last year, and a few days later the court appointed Paul Clement, a former U.S. solicitor general, to defend the 9th Circuit’s ruling and the CFPB’s structure. [read post]
10 Feb 2020, 4:53 am
The Court thus appointed former Solicitor General Paul Clement as amicus curiae to argue in defense of the CFPB's current structure. [read post]
23 Jan 2020, 11:41 am
Supreme Court in support of Paul Clement, who was appointed amicus curiae by the Court to defend the Ninth Circuit’s ruling in Seila Law that the CFPB’s structure is constitutional. [read post]
22 Jan 2020, 10:50 am
Seila Law states that it has consulted with the DOJ and Paul Clement, the court-appointed amicus curiae, and each consents to the motion and proposed structure for oral argument. [read post]
22 Jan 2020, 4:01 am
In an op-ed for Time (via How Appealing), Paul Clement and Jeanne Allen argue that the “absurd result” of the lower court’s decision, that “Montana is denying everyone a scholarship to prevent anyone from using funds at any school with a religious affiliation,” “reflects the broad hostility underlying the Blaine Amendment — it is better for everyone to lose a benefit than for a single dollar to find its way to a religious school. [read post]
21 Jan 2020, 11:16 am
” Paul D. [read post]
17 Jan 2020, 5:24 am
Paul Clement, who was appointed amicus curiae by the U.S. [read post]
26 Dec 2019, 9:04 am
We expect a second round of amicus briefs in support of the Bureau’s constitutionality to be filed after Paul Clement, the amicus curiae appointed by the Supreme Court to defend the Ninth Circuit’s judgment upholding the Bureau’s constitutionality, files his brief. [read post]
20 Dec 2019, 8:49 am
Any review of a calendar year at the Supreme Court necessarily includes two different terms: the term that ends in June and the new one that begins in October and will run into the following year. [read post]
11 Dec 2019, 11:00 pm
Paul Clement, who represented the plaintiffs, characterized the lower court’s use of historical context as a one way street. [read post]
11 Dec 2019, 11:37 am
” Paul Clement, lawyer for the petitioners, said that the program “depended on a clear and enforceable promise that the government would pay for a portion of any losses incurred by the health insurance companies that stepped forward. [read post]
10 Dec 2019, 12:53 pm
Paul Clement for petitioners (Art Lien) The dispute centers on the “risk corridors” that Congress created as part of the Affordable Care Act to balance out the risks that insurers faced from offering health insurance on the exchanges. [read post]
4 Dec 2019, 12:46 pm
Paul D. [read post]
