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15 Nov 2023, 7:33 am
(Jesse Wegman, The New York Times) Standing Doctrine and the Supreme Court (Samuel Bray, The Volokh Conspiracy) The post The morning read for Wednesday, November 15 appeared first on SCOTUSblog. [read post]
2 Aug 2022, 4:24 am
. * * * Thanks to a kind invitation from Sam Bray on behalf of the Volokh Conspiracy blog, I'll be doing a series of posts based on an article titled Remand Without Vacatur and the Ab Initio Invalidity of Unlawful Regulations in Administrative Law. [read post]
27 Apr 2019, 8:35 pm
The latest national injunction has landed. [read post]
22 Jan 2024, 10:55 am
I have not been deep in the weeds of the arguments about Section 3 of the Fourteenth Amendment, unlike my constitutional law casebook coauthors: Mike Paulsen, Michael McConnell, and Will Baude. [read post]
19 Oct 2020, 7:27 am
[National injunction deja deja deja vu?] [read post]
16 Jul 2021, 7:11 pm
The new federal district court decision on immigration is getting lots of attention. [read post]
31 Oct 2018, 8:45 am
Time for Congress to ActNick Bagley and I have a piece today in The Atlantic. [read post]
26 Feb 2022, 6:51 pm
Aaron Nielson has a fascinating post at the Notice and Comment blog on Arizona v. [read post]
3 Apr 2019, 4:18 am
Earlier this week, the Supreme Court decided Bucklew v. [read post]
11 Jan 2021, 3:36 pm
A few days ago the Fourth Circuit decided Hias, Inc. v. [read post]
16 Nov 2023, 6:32 pm
If you're interested in the political question doctrine, you should read my colleague Derek Muller's latest post at the Election Law Blog. [read post]
3 Apr 2019, 12:48 pm
Compare and contrast this passage from the district court decision holding unconstitutional, under the Second Amendment, the California statute prohibiting magazines with more than ten rounds: Defendant Attorney General Xavier Becerra, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order, or know of the… [read post]
19 Oct 2021, 7:13 pm
Yesterday the United States filed an application in the Supreme Court asking it to intervene in the litigation about the Texas abortion statute, S.B.8. [read post]
6 May 2021, 9:33 am
If you've ever wondered what "equity" means, as distinct from "law," here's a primer I recently posted on SSRN. [read post]
30 Nov 2021, 8:45 am
My colleague Sherif Girgis passed along these thoughts on Dobbs, which I'm posting with his permission. --- Will the Supreme Court uphold Mississippi's ban on abortions after 15 weeks without fully reversing Roe and Casey and restoring rational-basis review to abortion laws? [read post]
30 Mar 2023, 11:34 am
"Few exercises of the judicial power are more likely to undermine public confidence in the neutrality and integrity of the Judiciary than one which casts the Court in the role of a Council of Revision, conferring on itself the power to invalidate laws at the behest of anyone who disagrees with them. [read post]
14 Sep 2022, 3:58 pm
Justice Kagan was interviewed today at Northwestern Law School, and she addressed the national injunction. [read post]
28 Apr 2018, 4:08 pm
One of the questions that is often asked about the national injunction is how a court could consider a regulation to be invalid—for reasons of general significance, not ones specific to this plaintiff--yet still give a remedy specific to this plaintiff. [read post]
18 Nov 2022, 5:01 am
Two days ago I wrote about the brewing battle between (1) one district court's national injunction against the lifting of Title 42 and (2) another district court's purported vacatur of Title 42. [read post]
16 Dec 2022, 2:53 pm
Editorial, 27 Journal of the American Judicature Society 133 (1944): "It is characteristic of most reform work that the reforms are to be accomplished on somebody else. [read post]
