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5 May 2022, 9:44 pm
Indeed, as co-blogger David Bernstein documents in his excellent book about Lochner, the latter wasn't even considered a significant decision by most commentators in 1905, because it was in line with extensive earlier precedent. [read post]
4 May 2022, 12:51 pm
" Seth Barrett Tillman, my frequent co-author, makes this point on a different level. [read post]
3 May 2022, 7:33 am
Moreover, the oral argument last December strongly indicated that five Justices—Thomas, Alito, Gorsuch, Kavanaugh, and Barrett—were inclined to overrule Roe v. [read post]
29 Apr 2022, 6:00 am
["The President Has Three Bodies and There Is No Cause of Action for Ultra Vires Conduct"] The Georgetown Journal of Law & Public Policy has published the new article I co-authored with Seth Barrett Tillman: "The Unresolved Threshold Issues in the Emoluments Clauses Litigation: The President Has Three Bodies and There Is No Cause of Action for Ultra Vires Conduct. [read post]
15 Apr 2022, 11:55 pm
(Eamon Barrett, Fortune). [read post]
14 Apr 2022, 9:01 pm
” Not surprisingly, Justice Amy Coney Barrett—in minimizing the bodily imposition involved in forcing a woman to remain pregnant against her will (because she can just drop off the baby at a fire station)—compared the woman’s bodily integrity interest to that of an individual who refuses to get vaccinated. [read post]
8 Apr 2022, 2:51 pm
But a smarter play would be to seek common ground with the more moderate members of the conservative majority—especially Roberts, Kavanaugh, and Barrett—to swing the Court as a whole toward the middle. [read post]
1 Apr 2022, 12:34 pm
Carter Coal Co., 298 U. [read post]
1 Apr 2022, 4:00 am
Neither SKDK nor Anita Dunn, the firm’s co-founder who was an architect of President Biden’s 2020 victory and served in the administration, lobby or represent any clients on matters before the federal government. [read post]
30 Mar 2022, 9:59 am
ShareOn Monday, the court heard argument in Southwest Airlines Co. v. [read post]
20 Mar 2022, 1:42 pm
Co. v. [read post]
13 Mar 2022, 3:33 pm
Some defenders of SB 8, such as co-blogger Josh Blackman, claim this will put an end to lawsuits challenging the constitutionality of the law. [read post]
2 Mar 2022, 11:32 am
Petitioner James Holcombe, who was convicted on racketeering charges, argued that he was denied effective representation at trial because his lawyer represented both him and three co-defendants, two of whom were key witnesses at Holcombe’s trial. [read post]
28 Feb 2022, 7:32 pm
The case centers on the joint representation of Holcombe and three co-defendants by the same attorneys. [read post]
14 Feb 2022, 9:01 pm
While Roberts has sometimes played a pivotal role, since Justice Ruth Bader Ginsburg’s death and her replacement by the very conservative Justice Amy Coney Barrett, the Chief’s evolution has had little impact on the outcomes of cases, as there are now five Justices to his right. [read post]
8 Feb 2022, 5:01 am
The court’s recent opinion in PennEast Pipeline Co. v. [read post]
7 Feb 2022, 4:00 am
But to be generous to Barrett, I suspect that she is not anti-semitic at all. [read post]
3 Feb 2022, 7:58 pm
Justice Amy Coney Barrett, for instance, is only in her late forties. [read post]
21 Jan 2022, 3:00 am
While it is traditionally tough to get Congress to police itself, Spanberger and her co-lead on the legislation, U.S. [read post]
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]
