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20 Jan 2022, 12:16 pm
As I have noted on this site (most recently here), many of the SPAC-related securities class action lawsuits filed in 2021 arose after the target company’s share price declined following a short-seller report. [read post]
19 Jan 2022, 4:35 pm
Justice Amy Coney Barrett cited Cruz’s contention that the repayment of his loan “doesn’t enrich him personally because he’s no better off than he was before. [read post]
19 Jan 2022, 9:38 am
Roberts pointed out that Klaxon has been subject to criticism, and, as noted, Kagan and Barrett wanted to know the basis for Klaxon; might the court be rethinking the 80-year-old case? [read post]
18 Jan 2022, 10:54 am
Majority: Roberts, Kavanaugh, Gorsuch, Barrett, Alito, Thomas (unsigned opinion) The right-leaning majority found that OSHA’s enactment of the ETS violated the Major Questions Doctrine [read post]
18 Jan 2022, 10:02 am
The number #1 question I get whenever I discuss FOSTA with folks who aren’t familiar with it: did Congress know what it was doing? [read post]
18 Jan 2022, 2:00 am
Supreme Court, Amy Coney Barrett and Clarence Thomas, as well as several other U.S. [read post]
17 Jan 2022, 4:30 am
In addition, Justice Barrett cheerily participated in a superspreader event in which then-President Trump announced that he was nominating her to her current seat. [read post]
17 Jan 2022, 3:00 am
Campaign Finance National: “FEC Report Shows How National Party Committees Allegedly Blow Past Contribution Limits” by Isaac Stanley-Becker (Washington Post) for MSN California: “Tech Companies Spend Millions on California Political Gifts” by Don Thompson (Associated Press) for MSN Tennessee: “State Officials Fine Nashville Council Member $360K for 36 Campaign Finance Violations” by Cassandra Stephenson (The Tennessean) for Yahoo News Elections Michigan:… [read post]
15 Jan 2022, 8:37 pm
Justice Alito, in a separate dissent joined by Justices Thomas, Gorsuch, and Barrett, added to the analysis a discussion of CMS’s failure to comply with the notice-and-comment mandates Congress established before agencies could promulgate regulations. [read post]
15 Jan 2022, 7:36 am
In the course of the government’s argument, Justice Amy Coney Barrett pressed on the meaning of a “clear statement rule,” by asking what should happen if “the government’s interpretation is maybe a little bit more plausible but not a slam dunk”? [read post]
14 Jan 2022, 2:45 pm
Here's the 2019 (pre-Justice-Barrett) statement by Justice Alito, joined by Justices Thomas, Gorsuch, and Kavanaugh: Petitioner Joseph Kennedy claims that he lost his job as football coach at a public high school because he engaged in conduct that was protected by the Free Speech Clause of the First Amendment. [read post]
14 Jan 2022, 2:25 pm
The Supreme Court’s majority decision was joined by Justices Roberts, Breyer, Sotomayor, Kagan, and Kavanaugh, with Justices Thomas, Alito, Gorsuch, and Barrett dissenting. [read post]
14 Jan 2022, 2:25 pm
The majority decision was joined by Justices Roberts, Breyer, Sotomayor, Kagan, and Kavanaugh, with Justices Thomas, Alito, Gorsuch, and Barrett dissenting. [read post]
14 Jan 2022, 11:18 am
His brief dissent is all that kept Barrett’s opinion from unanimity. [read post]
14 Jan 2022, 10:46 am
Justices Thomas and Alito authored separate dissenting opinions, which were joined by Justices Gorsuch and Barrett. [read post]
14 Jan 2022, 3:00 am
Forms New Domestic Terrorism Unit to Address Growing Threat MSN – Matt Zapotosky and Devlin Barrett (Washington Post) | Published: 1/11/2022 The Justice Department is forming a new domestic terrorism unit. [read post]
13 Jan 2022, 9:37 pm
Poor Justice Barrett was assigned this tedious Social Security case that yielded an 8-1 affirm. [read post]
13 Jan 2022, 9:01 pm
” He said it would be permissible for states or Congress to enact a workplace vaccine mandate while denying that Congress had delegated the power to do so to OHSA (or, in the Medicare/Medicaid case in which these Justices plus Justice Barrett dissented, to the Secretary of Health and Human Services).The “who decides” framing was hardly the knockout blow that Justice Gorsuch thought it was. [read post]
13 Jan 2022, 3:54 pm
Justice Alito penned his own dissent, joined by Justices Thomas, Gorsuch, and Barrett. [read post]
13 Jan 2022, 2:22 pm
Four of the Court’s conservative justices, Justices Thomas, Alito, Gorsuch and Barrett, dissented, arguing that the Biden administration had not made a strong showing that it had statutory authority to impose such a nationwide vaccine mandate under the law. [read post]
